




































































•MM 
































/ 

45th Congress, ) HOUSE OF REPRESENTATIVES, f Ex. Doc. 
2 d Session. ) J jq 


DISMAL SWAMP CANAL. 


LETTER 

FROM 


' /O&J 
•^7TK3 


THE SECRETARY OF THE TREASURY, 

IX REFERENCE TO 


The interest of the government in the Dismal Swamp Canal. 


January 21, 1878.—Referred to tlie Committee on Railways and Canals and ordered 

to be printed. 


Treasury Department, 

" Washington , D. (7., January 15, 1878. 

Sir : In June last my attention was called to an advertisement in the 
daily newspapers of the proposed sale, on the 9th of August then ensuing, 
of the property and works of the Dismal Swamp Canal Company, situated 
in Virginia and North Carolina, under and by virtue of two several deeds 
of trust executed by that company on the 1st of July, 1867, and the 10th 
of February, 1809, respectively, to secure certain bondholders mentioned 
therein. As the United States is the owner of a large interest in this 
canal, viz, eight hundred shares, representing $200,000 at their par value, 
for which Congress in 1826-1829 appropriated that sum from the Treas¬ 
ury, I deemed it incumbent upon me to protect, as far as it lay in my 
power, this large interest from sacrifice. Accordingly I instructed the 
Solicitor of the Treasury to make personal examination into the affairs 
of this company, or to direct some one to do so, for the purpose of a cor¬ 
rect understanding as to the creation of the debt for which the canal 
and works of the company were advertised for sale; to inquire partic¬ 
ularly as to whether the proceedings for such sale were regular; and 
to negotiate with the bondholders and trustees for a postponement until 
after the meeting of Congress, or until that body cpukl have the oppor¬ 
tunity of legislation to protect the interests qt th^ Uaited States as a 
stockholder. The Solicitor of yUe Treasury directed the chief clerk of 
his office to make this ex&m-nation and negotiation., a yopy of whose 
report upon the subject and accompanying*, JocuMk'at^ transmitted 
herewith for the information ay Congress.* > , ’« 

It appears that at a stockholders 7 hieetiiig held November 5, 1866, at 
which meeting the United States was represented by proxy, under ap¬ 
pointment of the Secretary of the Treasury, the president and directors 
were authorized to borrow such an amount of money as in their judg¬ 
ment was necessary for the improvement of the canal and the payment 










‘2 


DISMAL SWAMP CANAL. 


•)> 


of the debt of the company, not exceeding $200,000; to issue bonds t 
that amount, bearing interest not exceeding 8 per cent, per annum, and. 
to pledge the entire works of the company for the payment of the said 
bonds. In pursuance of this authority, and of the sanction subsequently 
obtained from the legislatures of Virginia and North Carolina, the presi¬ 
dent and directors aforesaid issued two hundred bonds in the name ot 
the company of $1,000 each, payable twenty years from the 1st ot July, 
1867, and executed a deed of trust of that date, conveying to certain 
persons in trust the entire canal property of the company to secure the 
payment of the bonds so issued. By the terms of this deed the trustees 
are required, on default in the payment of the principal and interest, 
or any part thereof, of the said bonds, and upon the request of any one 
or more of the holders thereof, to dispose of the trust property at public 
auction or private sale, for cash, or on reasonable credit, after duly adver¬ 
tising the same, as provided, and from the proceeds to pay the accrued 
interest, and to pay or to secure the payment of the principal. 

a supplemental deed, executed February 10, 1869, by authority of 
a meeting of the directors of the company, it is made imperative upon 
the trustees from the proceeds of sale to pay immediately to the bond¬ 
holders the principal and accrued interest of the bonds, u whether the 
said principal be then due or yet to become due.” 

On the 1st of* July last, the company was in default on these bonds 
for interest to the amount of $52,000. On the 4tli of April, just pre¬ 
viously, a majority of the bondholders made demand in writing upon 
the trustees for a sale of the property in accordance with the deeds of 
trust, and the same was accordingly duly advertised for sale, to take 
place on the 9th of August last, as I have before stated. 

At a called meeting of the bondholders and trustees to confer with 
the gentleman intrusted with the examination into these transactions, 
held at Norfolk a short time previous to the day named for the sale, the 
following resolution, as I am officially informed, was adopted, viz: 

Resolved , That the bondholders present respectfully request that the honorable the 
Secretary of the Treasury make an immediate examination of the affairs of the Dismal 
.Swamp Canal Company, and if, after such an examination, he will agree to recom¬ 
mend to Congress to appropriate a sufficient amount to put the canal in thorough or¬ 
der, or some other measure that will save the interest of the United States, amounting 
to nearly one million dollars, that the trustees be authorized to postpone the sale until 
such time as they may deem expedient. 

My response to this resolution was communicated to the Solicitor of 
the Treasury in a letter requesting him, in view of the large pecuniary 
interest held by the United States in this property, and of the probable 
injury which would result to, that interest in the event of a sale under 
present circumstances, to take such prompt action as he might deem 
expedient to insure a postponement of said sale until Congress could 
have an opportunity to consider and pass upon such measure for the 
protection of the interests of the government in the premises as might 
appear judicious and .efficient; and informing him that, upon the meet¬ 
ing of Con grey's* «I< w\Vul4^J>'mit the piatter for its action. 

At a subsequent' nfeetihg: pf the bobdhbhlers, the trustees were in¬ 
structed, in view t a£ this response, topoi&tpoiie the sale of the canal un¬ 
til after the regular/sjessiovf of Cppgress. 

I propose simply 4 to Tay‘fli6‘ matter Mw'before Congress, as I agreed 
to do in consideration of that postponement, referring only to such de¬ 
tails as, in my opinion, are required for an intelligent understanding of 
the subject, and leaving it for that body to take such action as in its 
wisdom may seem to be required in the premises. 

The Dismal Swamp Canal is about twenty-eight miles in length. It 


FEB 23 1906 

n. .rn 




DISMAL SWAMP CANAL. 


3 


commences at a point in the Elizabeth River about three miles from 
Norfolk and the Portsmouth navy-yard, and extends to deep water in 
Pasquotank River, North Carolina, by means of which river it connects 
with Albemarle Sound. It thus affords a connecting-link in a line of 
interior navigation reaching from the southern coast-line of North Caro¬ 
lina to the waters of the New England States. Of late years, the extent 
and character of the carrying trade have demanded a larger class of ves¬ 
sels than those used in the trade at an earlier period, and hence the 
canal, by reason of inadequate width and depth, has been restricted in 
its business, as it appears, to almost a purely local traffic. 

Two of the locks are but 17£ feet and the remaining two but 24 feet 
in width, and about 100 feet in length. I am advised that, in order to 
accommodate the through carrying-trade, it is indispensable that these 
be entirely reconstructed by rebuilding, widening, and lengthening. Be¬ 
sides this, the canal-bed must be dredged to a depth of five or six feet 
its entire length. The cost of such an improvement, as has been esti¬ 
mated, will be from two to three hundred thousand dollars. 

The capital stock of the company consists of 1,944 shares, of the nom¬ 
inal value of $250 each, or in all $486,000. Of this stock the United 
States owns 800 shares, or, in amount, $200,000, nearly two-fifths of the 
entire amount. This stock was subscribed for by authority of the acts 
of Congress of May 18,1826, and March 3,1829. The former act, author¬ 
izing a subscription for 600 shares, made it a condition to such subscrip¬ 
tion that the report and opinion, iu writing, of the United States Board 
of Engineers be first obtained that “the plan on which the said canal 
is to be executed will answer, as far as circumstances will permit, as a 
part of a chain of canals contemplated along the Atlantic coast, and 
that the sum hereby authorized to be subscribed for will be sufficient 
to finish the canal according to said plan.” The last-named act, how¬ 
ever, authorized a further subscription for 200 shares, with no conditions 
attached. 

The present bonded debt of the company is as follows, viz: 


Principal.$200,000 

Interest not paid, but funded in certificates at 8 per cent. 24, 000 

Interest due January, 1876. 4, 000 

Coupons due July 1, 1876 . 8,000 

Coupons due January 1,1877.. 8, 000 

Coupons due July 1, 1877 .. 8, 000 

Coupons due January 1,1878. 8,000 

In all. 260,000 


In addition to this, there are judgment-liens of record against the 
company, subordinate to the lieu of the trust deed and the bonded in¬ 
debtedness before mentioned. These j udgments amount to about $73,000, 
including interest up to last July. 

The revenue of the company from tolls, since and including the year 
1871, has been as follows, as shown by the official reports. 


Year ending September 30, 1871 . $12,739 60 

Year ending September 30, 1872. 19,998 90 

Year ending September 30, 1873.--.-....22,153 46 

Year ending September 30, 1874. 19,962 54 

Year ending September 30, 1875. 11,210 31 

Year ending September 30, 1876. 10,219 73 


The annual repairs to the canal during this period have averaged 
about $7,000. 

For a long period previous to the war of 1861, the yearly revenue 
from tolls averaged about $38,000, while the current annual expenses 
were less than $6,000, and the expenses of repairs about the latter sum. 
















4 


DISMAL SWAMP CANAL. 


There has been expended in the making and improvement of the canal 
the sum of $1,600,000. 

The United States has already derived from its investment in the stock 
of this canal the sum of $136,000 in dividends; $9S,447.58 of which 
have been paid into the Treasury, as officially reported to me. The re¬ 
mainder, $37,000, was, by authority of an act of Congress of February 26, 
1845, devoted toward the expenses of improving the works. In recent 
years no dividends have been declared, the revenue being barely suffi¬ 
cient for repairs and expenses. 

It is for Congress to determine whether it is expedient to take any 
action for the protection of the interest of the United States in this prop¬ 
erty. If it shall be deemed inexpedient to adopt any measure calculated 
to sustain this canal, and through such measure to retain the interest of 
the government therein, or if no action shall be taken, the bondholders 
will doubtless proceed with their sale, under the trust-deed, as they have 
before contemplated, and such sale, if founded upon legal right, must neces¬ 
sarily dispossess the United States of its entire interest in the capital 
stock of the company and divest it of all control over the canal as a 
work of national importance, if it has such a character. 

Respectfully submitted. 

JOHN SHERMAN, 

Secretary of the Treasury . 

Hon. Samuel J. Randall, 

Speaker of the House of Representatives. 


Department of Justice, 

Office of the Solicitor of the Treasury, 

Washington , T>. G\, July 7, 1877. 

Sir : In pursuance of directions given me by your predecessor, under 
authority of a letter of the 6th ultimo, addressed to him by the Secretary 
of the Treasury, I visited Norfolk, Ya., on the 20th of that month, for 
the purpose of looking into the affairs of the Dismal Swamp Canal Com¬ 
pany, particularly to examine as to the creation of the debt for which 
the canal and works of the company are advertised for sale in the month 
of August next$ as to whether the proceedings for such sale are regular, 
and if so to negotiate with the bondholders for such a postponement of 
the sale until after the meeting of Congress, or until that body can have 
the oppportunity of legislation, to protect the large interests of the 
United States as a stockholder in the company. 

Upon arriving at Norfolk, I found that the president of the company 
was unfortunately absent from the city on a visit to Boston, and that 
he had with him the key of the safe containing all the books and 
papers of the company, the examination of which seemed necessary 
to a complete transaction of the business upon which I was sent. I was 
accordingly unable, by personal inspection of the minutes of the stock¬ 
holders’ meetin g, to obtain the desired information as to the proceedings at¬ 
tending the creation of the bonded debt of the company, and the author¬ 
ity given, if any, to the officers thereof to enter into the trust-deeds 
under the provisions of which the property has been advertised for sale. 

The treasurer of the company, however, promised to send me, on re¬ 
turn of the president, full abstracts from the books of all the proceed¬ 
ings had at the meetings, showing particularly whether the United 



DISMAL SWAMP CANAL. 5 

States was represented, and whether, if so, the representative consented 
to the loan and the execution of the trust-deeds. 

Siuce my return I have received the promised extracts from the 
minutes of the stockholders’ meeting of November 5, I860, and of the 
directors’ meeting of the 16th of February, 1869. 

At the former meeting it appears that it was resolved that the presi¬ 
dent and directors have authority to borrow such amount of money as 
may be necessary for the improvement of the works and payment of 
the debt, not exceeding $200,000 ; to issue bonds of the company, bear¬ 
ing interest not exceeding 8 per cent.; to pledge the entire works of the 
company for the payment of said bonds, and to memorialize the legisla¬ 
ture for the necessary authority. 

At the meeting of the directors at the latter period authority was 
given the president of the company to execute a supplemental deed 
explanatory of the deed of trust executed on the 1st of July, 1867. 

It appears, from the extracts of the stockholders’ meeting, that the 
United States was represented by E. W. Whipple as proxy, entitled to 
cast on 800 shares of stock 168 votes, the total number of shares repre¬ 
sented at the meeting being 1,723, entitled to cast 459 votes. 

I find, by reference to the Treasury records, that on the 4th of Novem¬ 
ber, 1865, the Secretary of the Treasury constituted and commissioned 
Elijah W. Whipple as his proxy for the United States at all meetings of 
the company. I presume this appointment was a continuous one and 
terminated with the succeeding appointment, in 1867, of Gilbert A. 
Walker to act at the meeting of that year. 

The capital stock of this company is divided into 1,944 shares, of the 
nominal value of $250 each, or $486,000. Of this stock the United States 
owns 800 shares, representing $200,000,a sum which Congress appropri¬ 
ated in the years 1828 and 1829 for their purchase, or nearly two-fifths 
of the capital of the company. There has been expended in the making 
and improvement of the canal the sum of $1,600,000, which amount more 
truly represents the capital invested. 

The interest, therefore, of the United States in this work, which should 
be protected and preserved in some way, is represented rather by the 
sum of $700,000 than the mere face value of the shares of stock. From 
this stock in times past the United States has derived the sum of 
$136,000 in dividends, although in recent years, from causes readily 
explained and appreciated, no dividends have been declared. 

The war of the rebellion left the canal and all its machinery unfit for 
use and in a deplorable condition. 

In order to refit the same, and to restore this valuable work to some¬ 
thing approaching its former condition, an indebtedness was contracted 
in the year 1867 by the issue of 200 bonds of $1,000 each, secured by 
the deed of trust mentioned in the advertisement of sale as of July 1, 
1867. The charter, as it seems, gave no power to contract such a debt 
or to create a lien upon the works and property of the company. Ac¬ 
cordingly authority was obtained through a special act of the general 
assembly of the State of Virginia, December 6, 1866, which provides 
that it may be lawful for the Dismal Swamp Canal Company to issue 
coupon-bonds, bearing iuterest at the rate of 8 per cent, per annum; 
the whole amount not to exceed $200,000; also to sell and dispose of 
such bonds in such mode and on such terms as may be deemed advis¬ 
able, and to give such security for the punctual payment of the said 
bonds as such company may deem expedient. A similar act was passed 
about the same time by the legislature of North Carolina. 

The deed of trust so executed by the president and treasurer of the 


6 


DISMAL SWAMP CANAL. 


company as security for these bonds, by authority of the meeting of 
stockholders before referred to, conveyed to James Corneck, C. W. New¬ 
ton, and William H. C. Ellis, the Dismal Swamp Canal, with all and 
singular the lauds and tenements, &c., in trust to secure the purchasers 
or holders of the said bonds the payment of the principal and interest, 
and gives authority to said trustees, upon the demand of any one or 
more of the said bondholders, to sell at public auction or at private sale 
for cash, or on reasonable credit, in their discretion, the property so con¬ 
veyed, after advertising such sale for three months in one or more news¬ 
papers in New York, Baltimore, Washington, Philadelphia, and Norfolk, 
and from the proceeds to pay all accrued interest on the bonds and to 
so provide that the principal thereof shall be immediately paid, or so 
secured that no future default in the payment of interest may be made, 
and to pay the balance, if any, to the company or its assigns. This 
deed seems to have been properly executed and recorded. 

A supplemental deed of trust was executed the 10th of February, 1869, 
by authority of the directors’ meeting referred to, making it imperative 
upon the trustees, from the proceeds of sale, to pay immediately to the 
bondholders the principal and interest of the bonds, u whether the said 
principal be then due or yet to become due;” or, in case of a deficiency, 
to so pay a proportional part of the same. Copies of these deeds, taken 
from the records of Norfolk County, are transmitted herewith as a part 
of this report. A majority of the bondholders, as 1 understood from the 
trustees, have given them notice in writing of their desire for a sale of 
the trust-property. 1 append a copy of the notice as furnished me by 
the president of the company since my return. 

The only specific authority for the execution of this supplemental deed 
was derived from the meeting of directors before mentioned. I had 
conferences with a number of the bondholders representing, perhaps, 
more than one half the trust-debt, or with persons representing such 
bondholders, and all expressed a willingness to consent to a postpone¬ 
ment of the sale as advertised, in the hope that Congress would adopt 
some measure to protect the interests of the United States as a stock¬ 
holder and preserve to the community the commercial advantages of 
the canal as a great interior line of water-communication with the 
sounds of North Carolina and the southern coast. 

Of the entire amount of the bonds, about $115,000 in value are held 
in Norfolk, $75,000 in Baltimore, and $10,000 in New York. The invest¬ 
ment is held in high estimation, and it is not the desire, generally, of the 
bondholders to have a sale of the trust-property, provided there shall 
be encouraging indications that necessary improvements in the canal 
will be made, which will assure ample revenue for the payment of in¬ 
terest, expenses, and dividends, as in the past, from the largely in¬ 
creased and increasing trade that must of necessity seek this line of 
communication. 

A meeting of the Norfolk bondholders was called and held in the 
office of the company, at which I was present, aud explained fully the 
object of my visit. There was a free and full interchange of views, 
evincing a most thorough appreciation of the fact that the United States 
had, through its proper officers, given this indication that something 
will be done, or attempted, to protect its large interests as a stockholder, 
and thereby directly enhance the interests of the stock generally and of 
the community. 

There was some hesitation as to giving authority to the trustees for a 
postponement of the sale without having first a defiuite assurance from 
the Secretary of the Treasury that he will make some recommendation 


DISMAL SWAMP CANAL. 7 

to Congress touching the matter. The form such recommendation 
should take they are willing to leave entirely with that officer. 

It was urged that although the bonds and accrued interest are now 
abundantly secured, in view of the present great value of the canal 
property, yet that security was becoming impaired by delay in making 
necessary and Vital improvements to the canal; by the loss of trade 
consequent upon the want of improvement adapting the canal to the 
navigation of vessels of a large tonnage; by the gradual decay and 
deterioration of the property; the shoaling of the water, and other 
causes not within the power of the company, embarrassed by debt and 
other difficulties, to prevent or overcome. The sense of the meeting was, 
however, reduced to the form of a resolution in the following words: 

Resolved, That the bondholders present respectfully request that the honorable Sec¬ 
retary of the Treasury make an immediate examination of the affairs of the Dismal 
Swamp Canal.Company, and if, after such an examination, he will agree to*recommend 
to Congress to appropriate a sufficient amount to put the caual in thorough order, or 
some other measure that will save the interest of the United States, amounting to 
nearly one million of dollars, that the trustees be authorized to postpone the sale until 
such time as they may deem expedient. 

Under this resolution, upon a favorable response from the Secretary 
of the Treasury, the trustees will postpone the sale of the canal adver¬ 
tised for the 9th of August. 

The only other alternative for the protection of the stock of the 
United States from entire loss is a proceeding to enjoin the trustees 
from selling the property. 

It may be added that this bonded debt now stands as follows: 


Principal. $200, 000 

Interest not paid, but funded in certificates at 8 per cent. 24, 000 

Interest due January. 1876 (one-half paid). 4,000 

Coupons due July 1, 1876 ... 8, 000 

Coupons due January, 1877 ... 8, 000 

Coupons due July, 1877. 8,000 


In all. 252,000 


In addition to this, there are judgments of record against the company 
of about $73,000, including interest. 

The revenue of the company from tolls since and including the year 
1871 has been as follows: 


Year ending September 30,1871 ..$12,739 60 

Year ending September 30,1872 ...... 19,998 90 

Year ending September 30,1873 .22,153 46 

Year ending September 30,1874 . 19,962 54 

Year ending September 30,1875 . 11,210 31 

Year ending September 30,1876 . 10,219 73 


It appears from the reports of the president of the company to the 
stockholders that a revenue of $25,000 will pay the annual general ex¬ 
penses, and ordinary annual repairs, amounting to about $7,000, and 
the interest on the bonded debt, amounting to about $17,500. 

For a long period previous to the war of 1861, the yearly revenue 
from tolls averaged $38,000, while the current annual expenses were 
less than $6,000, and the expense of repairs about the latter sum. 
Since that time a rival work, called the Albemarle and Chesapeake 
Canal, has been completed, which, by reason of the depth of water and 
enlarged dimensions, was enabled to command a through trade in vessels 
of 300 tons burden, while the Dismal Swamp Canal has been restricted 
in its business to almost a purely local traffic. 

It is contended, and with every probability in its favor, I think, that 
the improvement of the latter canal by widening the locks and deepen- 
















8 


DISMAL SWAMP CANAL. 


ing the water and otherwise, as has been from time to time suggested, 
would reverse the relative situations as to business of these two portages 
of commerce, for the latter is the favorite route of vessels which can pass 
the locks, because of its shorter distance, less tortuous course, and of the 
fact that they are not subject to delays therein, as is the case frequently 
in the navigation of the Albemarle and Chesapeake Canal, by reason 
of the tides and drifting sands at its outlet. 

From a report made in April, 1866, to the Secretary of the Treasury, 
by Messrs. John Kimball and John Jay Knox, it appears that for a 
period from 1845 to 1862, eighteen years, the receipts of the Dismal 
Swamp Canal Company from tolls amounted to $625,54:2,94, the current 
ordinary expenses to $92,173.32, and the general expenses for repairs 
to $138,340.95. 

For a better understanding of the important interest which the United 
States has in this line of commerce, I beg leave to refer to its past his¬ 
tory and to the details of its trade and capabilities recounted in the 
printed copies of the memorials herewith, marked A and B. 

I also annex as part of this report copies of annual reports of the 
president and directors of the company to the stockholders for the years 
ending September 30 of 1871,1872,1873,1874,1875, and 1876, marked C. 

I also annex copies of the two trust-deeds under which the property 
of the canal company is advertised for sale, marked D and E ; also a 
list of the bondholders secured by such deeds of trust, marked F; also 
a compilation of laws of the States of Virginia and North Carolina, 
constituting the charter of the company, marked G. 

It is apparent that the canal in its present condition must earn a very 
limited revenue, and must necessarily suffer continuous diminution of 
its capabilities, by reason of decay of its machinery, the constant wash¬ 
ing of its banks, and consequent shoaling of its waters. 

The canal is about twenty-eight miles in length, commencing at a 
point in the Elizabeth River, a few miles from Norfolk, extending to 
Deep Creek, about two and a half miles, thence to a point on Joyce 
Creek, twenty-three miles, and continuing from a point on that creek to 
Pasquotank River, a distance of about three miles. Two of the locks 
are but 17J feet wide, and about 95 feet in length, and two are 24 feet 
in width and about 100 feet in length. All of these need rebuilding, 
widening, and lengthening. Besides this, the canal-bed requires dredg¬ 
ing to 5 or 6 feet in depth of water its entire length. 

An estimate has been made, as will be seen by the memorial herewith, 
marked A, of the expense of such an improvement, which places it at 
about $400,000. This estimate was made, however, about seven years 
ago, and may now, it is urged, be received with a considerable reduc¬ 
tion, in consequence of the lower price of labor and material, and the 
use of improved machinery. 

As a great link of interstate communication with the southern sea¬ 
board, affording a connection in a line of interior navigation, reaching 
from the southern coast line of North Carolina to the waters of the 
New England States, the work becomes one of national importance, and 
seems worthy of recognition in some manner by Congress, because of 
its relation to the commercial interests of the country as well as for the 
preservation of the stock in which so large a sum of public money has 
been invested. 

Very respectfully, 


WEBSTER ELMES. 


Hon. Kenneth Raynor, 
Solicitor of the Treasury. 


DISMAL SWAMP CANAL. 


9 


A. 

Memorial of the Dismal Swamp Canal Company to the Senate and House 

of Representatives of the United States of America, December 20, 1871. 

To the honorable the Senate and House of Representatives of the United 

States of America: 

In obedience to a resolution of tbe stockholders of the Dismal Swamp 
Canal Company, the undersigned most respectfully present for the con¬ 
sideration of your honorable bodies a statement in regard to this com¬ 
pany, in which the government, besides possessing a large pecuniary 
interest, has other relations of a national character. A brief review of 
the history of the company is necessary to a proper appreciation of its 
claims to the favorable consideration of Congress. 

It was chartered in 1787, by the States of Virginia and North Carolina, 
in order to connect the Chesapeake Bay with the sounds and rivers of 
North Carolina. In the progress of the work, which was very slow, the 
original views of the corporators were enlarged and the cost conse¬ 
quently increased. No connection between the waters of Virginia and 
North Carolina had been made when the war of 1812-’15 with Great 
Britain broke out. The want of such a connection was sensibly felt by 
our infant Navy in the deprivation of the naval stores indispensable to 
its expansion and maintenance. The only connection before existing 
was through the dangerous navigation of the sounds, Ocracoke or other 
inlets and the ocean, to the navy-yard established here. But Great 
Britain, with her superior navy policing our coasts with her chiisers and 
occupying Hampton Boads with a permanent squadron, cut off this our 
only mode of supply, and it hence occurred that the want of a short 
inland line, which would have opened a safe, rapid, and economical con¬ 
nection with the naval timber, tar, and turpentine of a State most abound¬ 
ing in their production, greatly prevented the building and equipment 
of vessels of war at this point and sensibly crippled our naval operations. 
The commercial supplies also of our people in Lower Virginia and Caro¬ 
lina, derived at that early day principally from foreign countries, were 
cut off at the same time and from the same cause, producing much dis¬ 
tress to them, besides injury to the government in various ways affecting 
its national wants and the vigor of its operations. 

In fact, the whole coast of Virginia, by the occupancy of Chesapeake 
Bay and Hampton Roads, was sealed against all external connections, a 
condition of affairs which could not have taken place if this canal had 
then existed; for as dangerous a coast as that of North Carolina could not 
have been occupied or guarded like Hampton Roads, and the enterprise 
of blockade-runners, as in the late war, would have penetrated its inlets 
and kept up commercial supplies, which, with the facility of diffusion 
through the agency of this canal, would have found their way to the 
contiguous States as well as to the government. 

It is true that Hampton Roads has since been so protected against 
the intrusion and occupancy of hostile fleets as to remove some of the 
difficulties developed by the war of 1812-’15, but the coast of Caroliua, 
since the introduction of steam, may still be menaced by an enemy’s 
cruisers, especially at those points where the inlets occur, to the great 
interruption of the trade through them; besides, the maintenance of this 
canal is as necessary now as before in the short and economical transit 
it offers for the naval stores and other productions of that State. It 
was for considerations of this kind that, when the work was about to 
be suspended for want of means, Congress, in 182G-29, made appropri- 


10 


DISMAL SWAMP CANAL. 


ations to the stock of $200,000. The work was completed, and an interior 
line of water-connection, composed of canal, sound, and river navigation, 
was opened from the southern limits of North Carolina to Massachusetts. 
In 1845 a further improvement, authorized by an act of the Virginia 
legislature in 1838, contemplating an extension of the canal from Deep 
Creek to the southern branch of Elizabeth River, in order to obviate dif¬ 
ficulties in navigating that creek, was undertaken. 

The company had commenced making dividends the previous year, 
with every prospect of regular continuance, but the cost of this improve¬ 
ment had to be met before accruing dividends could satisfy it, and as 
the Secretary of the Treasury had no power to advance the ratable pro¬ 
portion on the United States stock, the company did so under an agree¬ 
ment to be refunded out of the dividends of the United States to become 
due; hence the retention of the$37,000 mentioned in the report of Messrs. 
Kimball and Knox to the Secretary in 1867. (See their report, p. 5.) 

In 1856, the upper portion of Pasquotank River, into which the south¬ 
ern end of the canal emptied, proved to be so narrow and sinuous as to 
seriously retard navigation. It was found that a short extension of the 
canal of about 3J miles would not only discharge it into a deeper and 
wider part of the river, but would also lessen the route by about eight 
miles. The company therefore eutered upon this further improvement, 
intending to meet the cost, estimated at about $150,000, with the accru¬ 
ing profits, which it was reasonably expected would be much increased 
when these additional facilities began to exercise their influence on the 
trade. While yet engaged in this work the late war broke out, which 
suspended all business, leaving the company with an unfinished work 
and a debt of nearly $100,000. 

In 1867 the Virginia legislature authorized the issue of $200,000 bonds 
by the company, secured by mortgage on the canal. (See report of 
Kimball and Knox, page 5.) It was supposed that much the larger 
part of the debt—that due the Farmers 7 Bank (suspended)—could be 
paid in its own depreciated notes, which would have reduced the debt 
nearly one-half, and left in the company’s hauds, of the sales of these 
bonds, a considerable amount, which it was intended applying to another 
improvement, rendered necessary by great changes in the mode of carry¬ 
ing on the trade. The improvement here alluded to consists in reducing 
the summit level and widening the canal from thirty to sixty feet through¬ 
out, dispensing with all the locks on the main canal except the north 
and south locks, which are to be enlarged, obtaining thereby a larger 
supply of water from the lake, and affording a navigation of about eight 
feet depth in place of the former five and one-half feet, thus, while retain¬ 
ing the former business, opening facilities to vessels of larger tonnage 
and draught, and accommodating the work to the present demands of 
trade; advantages of such manifest importance as to justify the efforts 
of the company to obtain them. 

In the payment of the larger part of the debt above mentioned, and 
in prosecuting this improvement, the proceeds of the bonds have been 
exhausted, leaving the canal in a very unfinished state. 

We pause here to remark that this review of our operations discloses 
the fact that from the beginning and throughout its history the zeal 
and perseverance of its original stockholders, who embarked their cap¬ 
ital long antecedent to the obtainment of the government aid and, be¬ 
sides, invested their profits for a long period in carrying out improve¬ 
ments suggested from time to time after the canal was finished as 
originally intended and they might have realized its surplus revenue, 
is worthy comment and consideration; and when we also add that oc- 


DISMAL SWAMP CANAL. 


11 


easionally, when all other resources were exhausted, some of its mem¬ 
bers pledged their credit and estates in its behalf, we repeat that this 
zeal and perseverance, accompanied with so much self-denial, furnish the 
best evidence of the singleness of purpose and fidelity to liberal views 
with which our predecessors entered upon aud their successors have dis¬ 
charged their trust. 

This brief review is deemed necessary to a full understanding of the 
subject. But there are other considerations besides those of a national 
character which appeal strongly to the favorable action of Congress. 
They are: 

1st. That the capital stock of the company, instead of being $486,000, 
which includes only the direct subscription to its stock, is nearly about 
$1,500,000, this being its actual cost to the present time, in consequence 
of the conversion, for so many years, of the profits to construction. 
Four hundred and eighty-six thousand dollars was entirely inadequate 
for a work of this magnitude, and hence the application of its resources, 
from time to time, to its completion aud subsequent improvements. 
(See report of Kimball and Kuox of $1,323,031.48, page 4; a large ad¬ 
dition was made afterward from sales of bonds, tolls, &c.) The inter¬ 
est, therefore, of the United States, instead of being $200,000 in a nom¬ 
inal capital of $486,000, amounts really to nearly one-half of $1,500,000 j 
an interest of sufficient magnitude to claim the attention of Congress. 

2d. But besides sharing in the dividends, like the other stockholders, to 
the extent of $136,000, which of itself constitutes more than two-thirds of 
its entire subscription, the government, as the owner of the nav 3 r -yards 
along the Atlantic coast, has derived a further and important benefit 
from this work, in which the other stockholders have not participated. 
A reference to the accompanying map (see map) will show the difference 
in distance between a shipment through the canal and the outside route 
to Norfolk and through Norfolk to the Northern yards. The freight 
(especially as to naval timber, which may be rafted by canal, but must 
be freighted by the outside route), the extra insurance, delay, and hazard 
of the one operate necessarily as a premium to the other line, and the 
government has and will continue to feel the beneficial influence in the 
diminished prices of the products of a State which it consumes so largely. 
We have no present means of estimating, otherwise than approximately, 
the value of these advantages. Some years ago the records of the Navy 
Department, relating to contracts for naval timber and stores, before 
and after the opening of the canal (to which we respectfully refer you),, 
enabled us, with tolerable accuracy, to arrive at the conclusion that in 
this regard alone the government had more than indemnified itself for 
its subscription to the stock of the company. 

3d. During the late war, from 1862 to its close, the United States au¬ 
thorities had possession of the canal, and its water-line aud road were 
used for the transportation of troops, munitions of war, stores, &c. It 
was resorted to also for supplying the Navy and Army with water, and 
in various other ways essentially contributed to the convenience and 
dispatch of military operations at this point. It was used also under 
Federal authority for the conveyance of cotton, tobacco, and other prod¬ 
ucts, and all without any compensation ; and, finally, when the work at 
the end of the war ceased to be of any further military or commercial 
necessity to the government, it was surrendered to the company in a 
condition of great dilapidation, the effect jointly of neglect and hard 
usage. In this connection, we would refer to the deposition of Henry 
Williams, on file in the United States Treasury Department, and the 
accompanying certified extract from a report of Leroy G. Edwards to 


12 


DISMAL SWAMP CANAL. 


the canal company in 1865 (see appendix), who had charge of the work 
under a commission from the Secretary of the Treasury from 1863 to the 
end of the war. From their statements, it would appear that the gov¬ 
ernment, besides making a very profitable use of the work for three 
years, had contributed greatly to many of the injuries we are now called 
on to repair. We therefore indulge the hope that, apart from considera¬ 
tions of sound policy and national necessity, the large pecuniary inter¬ 
est of the government, the many advantages of a safe and economical 
transit extending through so many States and connecting with so many 
sites for naval operations, combined with the fitness of recognizing in 
some appropriate manner its services in a time of national exigency, and 
redressing injuries sustained while in the exclusive use of the govern¬ 
ment, will commend to Congress our application for aid. As to the, 
mode and measure of relief, we prefer to make no suggestion beyond a 
statement of the work necessary to place it in a complete condition, to 
wit: 


Dredging and deepening main canal of 29 miles. $70,000 

Dredging and deepening feeder, including new lock for same. 15,000 

Rebuilding two locks, one at Deep Creek, the other at south end, each 30 by 

165 feet. 110,000 

Rebuilding Gilmerton lock, 30 by 165 feet, using much of the old stone. 38,000 

Completing excavation of summit-level and widening canal throughout from 

30 to 60 feet. 115,000 

Steam-dredges for above work. 30, 000 

Rebuiding bridges of more substantial kind. 7,000 

Incidental structures, such as repairs of Deep-Creek dam, waste-weirs, lock- 

houses, &c. 17,000 

_ % 


Total. 402,000 


This estimate, made about seven years ago, may be revised for a con¬ 
siderable reduction, in consequence of the cheapening of much of the 
work and materials and the introduction of improved machinery for 
doing the work. If revised by a United States engineer, would be more 
satisfactory. 

These improvements accomplished, this canal will become one of the 
best of its kind iu the United States, and the hopes of the stockholders 
be realized in a work not only of acknowledged necessity but of promise 
of abundant revenue; for the large area of country tributary to its in¬ 
fluence in the two States, its progressive reduction to agricultural and 
manufacturing purposes, the application of steam as motive power, to¬ 
gether with the increased facilities of transportation, will necessarily 
draw to this work, which has heretofore been a favorite one with traders, 
an increased traffic; and when these elements of increased business are 
properly estimated, your petitioners do not hesitate to assert, as their 
honest conviction, that this work, which has been, as far as they are 
informed, the only one which has repaid to the government, in great 
part, the aid originally granted it, will, in the future as well as in the 
past, be able, in addition to the national advantages before named, to 
repay, if it shall be required, the aid now sought. And your petitioners, 
humbly praying, &c. 

WM. B. ROGERS, President. 

JOHN B. WHITHEAD, 

WM. H. C. ELLIS, 

D. D. SIMMONS, 

E. C. ROBINSON, 

Directors. 












DISMAL SWAMP CANAL. 


13 


Appendix. 

[Extract from a paper filed in the office of the Dismal Swamp Canal Company, signed 
by Leroy G. Edwards, custodian of the Dismal Swamp Canal Company.] 

To the stockholders of the Dismal Swamp Canal Company: 

I beg leave to lay before you a succinct history of the Dismal Swamp 
Canal during the late war: 

“ In the latter part of the summer of 1862, the United States forces 
took possession of the work. They gave us much trouble. Mr. Henry 
Williams has given his deposition and it has been filed in the Treasury 
Department, at Washington. I was restricted in everything until I 
received a commission from said department as proxy of the govern¬ 
ment, in consideration of the eight hundred shares held by it in said 
company. This was in November, 1863, and enabled me to save the 
work from entire destruction. Before that I had been treated with dis¬ 
respect. The books of the office were taken from me, with the building 
which contained them, my desks were broken open, and a destruction 
of my papers was perpetrated, and the office not restored to me until 
the last military command was withdrawn. 

u I think the United States Government have been benefited to the 
full extent of the amount necessary to rebuild the work. The watering 
of the Army and Navy would be but a small charge at $3,000 per month, 
and every regiment of horsemen, at the usual rate of road-toll (25 cents 
each), to say nothing of carriages, would amply pay for keeping the banks. 
Surely they will do us justice ultimately. Then the supplies for the 
armies, provender, stores, &c., I cannot doubt that we shall be paid. 

“ Goods were carried through under military permits. I asked pay¬ 
ment of tolls, which were refused. I tested my power to stop vessels, 
as in the case of the steamer Dolly. I was informed by the officer of 
the day that my detaining vessels with military permits would subject 
myself to arrest and imprisonment, which I was not willing to incur, 
and I made no further attempt to stop any vessel, but contented myself 
to receive anything that might be tendered me. The cotton-traders I 
noted only, and I feel assured that some of them will pay ultimately; 
perhaps the pay will come wheu we most need it. I afforded every 
facility, and was often out of pocket in doing so. I made several at¬ 
tempts to get aid from the department, and went twice to Washington 
for that purpose. I will thank you to examine paper No. 2, directed to 
the Secretary of the Treasury, and his reply, marked No. 3.” 

State of Virginia, 

City of Norfolk, to wit: 

I, W. M. Chaplain, a notary public for the city aforesaid, in the State 
of Virginia, do hereby certify that the above is a correct extract from a 
paper on file in the office of the Dismal Swamp Canal Company, signed 
by Leroy G. Edwards, custodian of the said Dismal Swamp Canal Com¬ 
pany. 

Given under my hand and notarial seal this the 19th day of Decem¬ 
ber, 1871. 

[SEAL.] W. M. CHAPLAIN, 

Notary Public. 


14 


DISMAL SWAMP CANAL. 


B. 


Memorial of the Dismal Swamp Canal Company to the Senate and House 

of Representatives of the United States of America , December 30,1874. 

A memorial of the Dismal Swamp Canal Company was addressed to 
the Congress of the United States, dated December 20,1871, askingfor 
aid in the repair and improvement of the company’s works, which, for 
various reasons, was prevented from coming up in time for considera¬ 
tion at the last two sessions. The petition is renewed, with the hope 
that the justice of the claim and the merits of the work will entitle it 
to a favorable consideration, for the following, among other reasons 
which might be offered: 

The capital of the company at the present time is about $1,600,000, 
$486,000 of which is a direct subscription, and the balance ($1,114,000) 
is derived from the application of the revenues of the company for many 
years to the completion and improvement of the works. 

In this capital the United States, as a stockholder, is interested to the 
extent of nearly one-half, or $750,000. 

This canal connects the waters of the Chesapeake Bay with the 
sounds of North Carolina, and is a necessary link in the continuous 
chain of inland navigation extending from south to north in a coastwise 
direction. It commences in deep water very near the Norfolk navy- 
yard, and discharges into Pasquotank Kiver, North Carolina, in deep 
water also, and before the late war was regarded by shippers as by far 
the most eligible and reliable, as well as the shortest and cheapest, route 
between the two States named. From the opening of this canal to com¬ 
merce, many years ago, and down to the close of the late war, it was 
the route through which most of the products of North Carolina essen¬ 
tial to the building and equipment of a naval marine at this and other 
points farther north was derived, and the diminution in the cost of ship- 
timber, pitch, tar, rosin, and other products necessary to the United 
States yards, can be fully estimated only by a comparison with their 
cost by the outside or sea route. And when to this we superadd the 
certainty and security, especially in time of war with a naval power, 
and the dispatch in the obtainment of these supplies, besides the main¬ 
tenance at all times of the intercommercial relations of the States, 
free from interruption, we will not be surprised that the government 
at an early period should have recognized its national character and 
subscribed to its stock, and since, on several occasions, manifested an 
interest in its continuance. In 1822-’23 the United States appropri¬ 
ated $200,000 to the canal, represented by 800 shares of stock, and in 
1832-’33 united with the company in dedicating their joint dividends 
to an improvement of common benefit to both. The company, as 
before said, has not paid dividends very regularly, preferring rather 
to expend its accruing revenue upon improvements, as occasion re¬ 
quired, and in this way has created a work costing about $1,600,000 
with a direct subscription of only $486,000. From this brief review, 
and the reports of the company, it will appear that the United States 
as a stockholder merely has derived from its stock about $136,000 in 
dividends, which is about four-sixths of its subscription ; and, in addi¬ 
tion, has reaped advantages from the works not shared in by the other 
stockholders, and which, in a pecuniary, military, and commercial as¬ 
pect, as before adverted to, would probably by many times exceed 
the amount of its subscription. Again, the United States took entire 
possession of the works early in 1862, and continued to bold them through 



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DISMAL SWAMP CANAL. 


15 


an agent of the then Secretary of the Treasury until after the close of the 
late war. During all this time it was beneficially used by the govern¬ 
ment without any compensation, for military and commercial purposes; 
in the conveyance, to and fro, of troops, munitions of war, and stores; 
in supplying water for the Army and Navy, and in the transportation 
of cotton, tobacco, and other products, sanctioned, at that time, by the 
government, and when, finally, the work at the end of the war ceased 
to be of any further military or commercial necessity it was surrendered 
to the company in a condition of great dilapidation, the effect jointly of 
neglect and hard usage. (See appendix.) A work so generally bene¬ 
ficial and of such promise of success, which had been built up after so 
many years of effort and self-denial iu the use of its revenues in order 
to complete an insufficient capital, was deemed worthy of restoration, 
and efforts have been made by the company, by issuing its bonds, in 
order to repair the damages alluded to and introduce some necessary 
improvements, without other aid; but this has been only partially suc¬ 
cessful, leaving the works in a very unfinished state. We therefore in¬ 
dulge the hope that from considerations of sound poliey and national 
necessity ; the large pecuniary interest of the United States; the many 
advantages of a safe and cheap transit extending through so many 
States, and connecting with so many sites for naval operations, com¬ 
bined with the fitness of recognizing, in some appropriate manner, its 
value in a time of national exigency, and redressing injuries sustained 
while in the exclusive use of government, our application will meet the 
favorable consideration of Congress. The United States thus far has 
received in dividends and in collateral benefits a remuneration much 
larger than its subscription to this work, and we believe it furnishes the 
only instance where the aid of Congress to works of internal improve¬ 
ment has been repaid. The estimated cost of repair and improvement is 
as follows: 


Dredging and deepening main canal of 29 miles. $70,000 

Dredging and deepening feeder, including new lock for same. 15,000 

Rebuilding two locks, one at Deep Creek, the other at south end, each 30 

by 165 feet.— 110,000 

Rebuilding Gilmerton lock, 30 by 165 feet, usiug much of the old stone. 38,000 

Completing excavation of summit-level and widening canal throughout from 

30 to 60 feet. 115,000 

Steam-dredges for above work. 30,000 

Rebuilding bridges of more substantial kind.. 7,000 

Incidental structures, such as repairs of Deep Creek, dam, waste-weirs, lock- 
houses, &c. 17,000 


Total. 402,000 


We present it without suggestion as to the mode and measure of relief 
from Congress, and your petitioners praying, &c. 


Appendix. 

[Extract from a paper filed in the office of the Dismal Swamp Canal Company, signed 
by Leroy G. Edwards, custodian of the Dismal Swamp Canal Company.] 

To the Stockholders of the Dismal Swamp Canal Company : 

I beg leave to lay before you a succinct history of the Dismal Swamp 
Canal during the late war: 

In the latter part of the summer of 1862, the United States forces took possession of 
the work. They gave us much trouble. Mr. Henry Williams has given his deposition, 













16 


DISMAL SWAMP CANAL. 


and it has been filed in the Treasury Department at Washington. I was restricted in 
everything until I received a commission from said department as proxy of the govern¬ 
ment in consideration of the eight hundred shares held by it in said company. This 
was in November, 1863, and enabled me to save the work from entire destruction. Be¬ 
fore that I had been treated with disrespect. The books of the office were taken from 
me, with the building which contained them; my desks were broken open, and a de¬ 
struction of my papers was perpetrated, and the office not restored to me until the last 
military command was withdrawn. 

I think the United States Government have been benefited to the full extent of the 
amount necessary to rebuild the work. The watering of the Army and Navy would be 
but a small charge at $3,000 per month, and every regiment of horsemen, at the usual 
rate of road-toll (25 cents each), to say nothing of carriages, would amply pay for keep¬ 
ing the banks. Surely they will do us justice ultimately. Then the supplies for the 
armies, provender, stores, &c., I cannot doubt that we shall be paid. 

Goods were carried through under military permits. I asked payment of tolls, which 
was refused. I tested my power to stop vessels, as in the case of the steamer Dolly. 
I was informed by the officer of the day that my detaining vessels with military per¬ 
mits would subject myself to arrest and imprisonment, which I was not willing to in¬ 
cur, and I made no further attempt to stop any vessel, but contented myself to receive 
anything which might be tendered me. The cotton-traders I noted only, and I feel as¬ 
sured that some of them will pay ultimately ; perhaps the pay will come when we most 
need it. I afforded every facility, and was oft en 11 out of pocket ” in doing so. I made 
several attempts to get aid from the department, and went twice to Washington for 
that purpose. I will thank you to examine paper No. 2, directed to the Secretary of 
the Treasury, and his reply marked No. 3. 

State of Virginia, 

City of Norfolk, to wit: 

I, W. M. Chaplain, a notary public for the city aforesaid, in the State 
of Virginia, do hereby certify that the above is a correct extract from a 
paper on file in the office of the Dismal Swamp Canal Company, signed 
by Leroy G. Edwards, United States custodian of said Dismal Swamp 
Canal Company. 

Given under my hand and notarial seal this the 19th day of December, 
1871. 

[seal.] W. M. CHAPLAIN, 

Notary Public. 


C. 

Annual report of the president and directors to the stockholders of the Dis- 
1871 ® Wam ^ ® ana ^ Q° m l P an Ui f or the fiscal year ending September 30, 

annual meeting. 

At an annual meeting of the stockholders of the Dismal Swamp Canal 
Company, held pursuant to notice, on the 6th day of November, 1871, at 
the office of the company, in the city of Norfolk, C. W. Newton, esq., was 
called to the chair, and Geo. E. Bowden, jr., appointed secretary, and 
E. C. Robinson and Maurice Eitzgibbon committee to examine proxies 
and number of shares present, who, on examination, reported present 
1,383 shares. * 

The president, Win. B. Rogers, read his report showing the condition 
of the company, &c., which, on motion, was received and ordered to be 
filed. 

The report of the committee to examine the condition of the canal, 
account, &c., was read, and, upon motion, was received and ordered to 
be filed. 



DISMAL SWAMP CANAL. 


17 


Da motion, it was 

Resolved, That tlie report of the president, with the recommendations and suggestions 
therein, including those with regard to the reopening, &c., of the Northwest Caual, and 
also as to the advantage to this company of turning over to a new company the use of 
said Northwest Canal, or repairs thereof for their own use, be referred to the president 
and board of directors for immediate action, and report to the stockholders at an early 
day, for their action on the subject of the Northwest Canal. 

Ou motion, it was 

Resolved, That the president and directors be requested to remodel their tariff of tolls 
so as to iucrease revenue without risking competition from other quarters, within the 
limits prescribed by their charter ; and, if necessary, to apply to the legislatures of the 
States of North Carolina and Virginia to extend the rates now allowed. 

On motion, it was 

Resolved, That the president and directors be, and they are hereby, instructed to de¬ 
fend the rights of the canal company against any intrusion or violation of our rights 
to the waters of the canal and of Deep Creek under the charter of our company; and 
that they, upon any such intrusion, shall immediately procure an injunction, so as to 
prevent any violation of our rights; and that the board of water commissioners of the 
city of Norfolk be furnished a copy of this resolution. 

On motion, the salary of the president was fixed at $1,500 per annum. 

On motion of E. 0. Robinson, William B. Rogers was nominated for 
re-election to the position of president of the company. 

Whereupon he was unanimously re-elected. 

John B. Whitehead, W. H. O. Ellis, D. D. Simmons, and E. C. Robin¬ 
son were then elected directors for the ensuing twelve months. 

On motion, C. W. Newton was appointed as an associate of the presi¬ 
dent and directors to prepare memorial to Congress. 

On motion, the meeting adjourned, subject to the call of the chairman. 

GEO. E. BOWDEN,. 

(Secretary. 

REPORT OF PRESIDENT FOR THE FISCAL YEAR ENDING SEPTEMBER 

30, 1871. 

Office Dismal Swamp Canal Company, 

Norfolk , Fa., November 6, 1871. 

To the stockholders of the Dismal Swamp Canal Company: 

Gentlemen : On behalf of your board of directors, I have the honor 
to submit the following report of the condition of the affairs of the com¬ 
pany for the fiscal year which ended on the 30th of September past. 

Since the last report, great progress has been made in dredging and 
widening, reaching a point of 3J miles from beginning on the westward 
side and 2 miles on the eastward side of the canal. Obstructions have 
been removed at intervals, as necessity indicated, locks kept up, and 
bridges repaired. 

the westward side of the locks at Deep Creek having fallen in, an 
interruption to navigation ensued, of some thirty days. All expedition 
was used in replacing jthe masonry. 

At your called meeting on the 15tli of July last, in consequence of the 
financial condition of the company, it was your pleasure to pass a series 
of r esolutions, one of which embraced a suspension of all general work 
on rhe caual. 

Since that period, under a personal superintendence, we have strictly 
confined ourselves within the spirit of those resolutions, kept the road¬ 
bed in order, and made only such repairs (inclusive of the bracing of 
tin- westward side of the Deep Creek lock) as were necessary to naviga- 

H. Ex. 19-2 


18 


DISMAL SWAMP CANAL. 


tion, with strict regard to economy in our administration, and the in¬ 
crease of revenue. 

We have to report the caual in good navigable condition for its present 
capacity, with the exception of the Gilmerton Level and Turner Cut, 
which we recommend to be dredged as early as ciicumstances will per¬ 
mit. 

We have had some recent repairs to the bridge over the south locks. 
The bridge will require rebuilding, which we recommend as early as 
practicable. 1 

In reference to the completion of the widening of the canal and the 
removal of the summit level, upon which so much has been expended, 
and which will make no addition to its capacity or add to its revenue 
unless carried to completion, it may be well to refer to some of the reasons 
which originated the improvement. It is a fact well known that at the 
time of projecting and buildiug the work, it was considered to have 
sufficient capacity for the trade. Some years later a rival canal, the 
Albemarle and Chesapeake, was inaugurated and completed, affording 
facilities of navigation to a much greater extent, and the consequent 
destruction of vessels during the war which were particularly adapted 
to the navigation of our work, coupled with the fact that foreign capital 
had combined to have constructed a much larger class of vessels, which 
could not pass our locks, and adapted to the navigation of the Albe¬ 
marle and Chesapeake Canal, our revenue, confined almost entirely to 
local trade, was continuously reduced until it reached the small sum of 
some $7,000 per annum. 

This revenue has been increased to twelve and thirteen thousand dol¬ 
lars, and we hope to increase it yet further, even with our present facil¬ 
ities; yet we cannot reasonably hope for successful competition unless 
the work is carried to completion. In view of the large benefits which 
have resulted to the United States Government in the past, and the 
prospective benefits, I would recommend the appointment of a commit¬ 
tee to draught a memorial to Congress, duly setting forth all the facts in 
the case, and the same to be forwarded to our Representative, the Hon. 
Mr. Platt, and the Representative for the State of North Carolina, solic¬ 
iting their hearty co-operation. 

We refer to the following reports: 

Treasurer’s report, showing the financial condition of the company. 

Collector’s report, showing the inward and outward receipts during 
the fiscal year, and the number and classes of vessels passing and re¬ 
passing. 

Report of examining committee for the condition of the work. 

We have received some intimation, but have not been officially in¬ 
formed by the board of water commissioners, of their design to draw 
their supply from the waters of Deep Creek. It is a fact well attested, 
that during two months of the year, with all our waste water from the 
canal into the »basin, there is no subwaste over the lower dam, thus 
requiring all the water for navigation. A reduction of one inch during 
those periods would prevent navigation. It may be inquired, cannot 
we deepen the river or basin? We can, at much expense, and which 
expense would be continuous, as the tendency would be continually to 
fill up from a widened base of mud bottom; and we are not called upon 
to make improvements for other corporations. 

It has been suggested that a reservoir could be constructed at the 
upper portion of the creek, to guard against this difficulty. For author¬ 
ity, however, to moke any contract, we refer to the three acts of the 


DISMAL SWAMP CANAL. 19 

assembly passed February 4,1837, February 2, 1838, and February 9, 
1839# 

In accordance with a resolution of our board, verbal protest has been 
made to the chairman of the water commissioners against the use of the 
water, which was designed 4o be followed by a written protest, all of 
which, and for further action, is referred to you. 

The Northwest Canal, a portion of our work, has been closed for 
some years. 

There is considerable revenue to be derived from this branch of the 
canal, and the good people of that section much benefited. To find a 
market for their timber, &c., they are now forced to the North River, 
through the Albemarle and Chesapeake Canal, a distance of over one 
hundred miles, Avhich would be reduced to twenty-two miles through our 
work. 

I refer you to a petition of the people of the counties offering to loan 
our company $15,000 of their county bonds to assist in clearing the 
obstructions from this canal, and requiring ns to appropriate a portion 
of the earnings from this branch for interest and the gradual absorption 
of the bonds. 

Some objections have been made by others than the petitioners to the 
opening of this branch canal, while complaints are made of the overflow 
of the lands bordering upon the same, and they suggested a remedy, by 
providing a waste-gate and shut-off, to be placed at the intersection of 
the main and Northwest Canal. 

We would respectfully call your attention to a careful consideration 
of the matter. 

Before closing this report, we would call your attention to the item of 
$1,410.27, credited to Leroy G. Edwards, noted in the treasurer’s report. 
Judgment has been obtained on this. The account credited to bills pay¬ 
able, old account, $21,811.97, has reached judgment in favor of Mrs. R. 
Tunis and W. B. Isaacks, of Richmond. And the disputed claim of 
Danliel J. Turner has resulted in judgment against the company, amount¬ 
ing to some $22,000. 

All of which is respectfully submitted. 

W. B. ROGERS, 

President . 


REPORT OF THE EXAMINING COMMITTEE. 

Office of the Dismal Swamp Canal Company, 

Norfolk , November 3, 1S71. 

To the stockholders of the Dismal Swamp Canal Company: 

The undersigned, a committee of examination, appointed at your 
meeting held July 15, 1871, respectfully submit the following brief re¬ 
port : 

At the instance of the president, and in company with some of the 
directors and stockholders, we visited the canal, passing up as far as the 
Culpeper lock. The canal is in good condition for the accommodation 
of such navigation as is offering. From observation and representa¬ 
tions from other sources, it appears to be very desirable, if not neces¬ 
sary, to remove some obstructions to navigation in the Turner Cut, also 
in the Gilmerton level, these being the only portions of the work where 
there is any difficulty of navigation for such vessels as your locks are 
adapted to; and we have reason to believe the trade and revenue would 



20 


DISMAL SWAMP CANAL. 


be materially increased by such improvement. The brief period that 
has elapsed since our last report leaves but little to say in addition. 

An examination of the books and papers of the office shows satisfac¬ 
tory vouchers, duly numbered and indorsed, for all money transactions 
to the end of the fiscal year, September 30,4871. We find the revenue 
for the past months moderately increased over corresponding months 
last year. 

The road is kept in good repair, and we take pleasure in stating that 
the officers and employes along the line give general satisfaction. 

The bond of the treasurer, with satisfactory sureties, is in the posses¬ 
sion of the company, duly executed. 

All of which is respectfullv submitted. 

E. 0. ROBINSON. 

D. S. CHERRY. 



treasurer’s report. 

Statement of the condition of the Dismal Swamp Canal Company , October 1, 1871. 


DISMAL SWAMP CANAL. 


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22 


DISMAL SWAMP CANAL. 


RECEIPTS 

Of the Dismal Swamp Canal and Road for the year ending September 30, 

1871. 

INWARD OR NORTH TOLLS. 


Coopers’ logs.cords. 4,341 

Corn.bushels. 127,235 

Cotton.bales. 2,073 

Fish.barrels. 3,578 

Flaxseed.bushels. 22 

Peat.tons. 150 

Posts. 7,768 

Plank.M feet. 332,210 

Potatoes.bushels. 3,939 

Peas.bushels. 2,026 

Tons.. 


Reeds. 

..cords. 

872 

Rails.. 

.M. 

59,320 

Staves. 

.M. 

141,686 

Shingles. 


3,053,900 

Railroad-ties. 

.M 

167,113 

Timber. 

.cubic feet. 

64,394 

Telegraph-poles.. 


398 

Tar. 

151 

Wood. 

.cords. 

6, 864 

Wheat. 


3,149 



... 7,779 


OUTWARD OR SOUTH TOLLS. 


Apples. 


14 

Oats. 


50 

Bricks. 

.M. 

2, 000 

Pork. 


510 

Butter.. 


32 

Powder. 


31 

Buckets. 


8 

Plows.. 


188 

Brooms. 


6 

Plank. 

.M. 

7, 000 

Cakes. 


102 

Potatoes. 


10 

Coal. 


70 

Rope. 


56 

Coffee. 


151 

Sugar. 


418 

Cheese. 


75 

Spirits. 


316 

Crockery. 


30 

Salts.. 


1,348 

Corn. 


1,493 

Snuff. 


211 

Chairs. 


13 

Shot. 


104 

Flour. 


2, 384 

Shoes. 


231 

Fish. 


25 

Salt. 


2,300 

Hay. 


128 

Sugar. 

.hhds. 

19 

Lime. 


598 

Soap.•. 


450 

Laths. 

.M. 

7, 000 

Tobacco. 


316 

Molasses. 


466 

Trunks. 


40 

Merchandise. 


8,617 

Tar. 


8 

Meal. 


270 

Vinegar . 


4 

Nails. 


188 

Wheat. 


4 

Oil. 

Tons. 


63 



9, 825 

Inward tolls. 





Road tolls. 





588 06 

Outward tolls. 





Rents. 





58 00 


12,797 60 

Remarks. —Canal closed by ice from December 24, 1870, until January 6, 1871. 
Canal closed for repairs of Deep Creek lock during the month of May, 1871. 











































































DISMAL SWAMP CANAL. 23 

Number and class of vessels passing through the Dismal Swamp Canal during the year ending 

September 30, 1871. 


Date. 

Steamers. 

Schooners. 

Sloops. 

Lighters. 

Boats. 

Rafts. 

October, 1870 . 

( North. 

22 

17 

8 

2— 10 

103 

15—118 

100 

1 

6— 


1 


' i South.. 

22— 44 

19— 36 

7 

6_ 

7 

November, 1870. 

< North. 

23 

11 


2 


3 



23 40 

18— 29 
12 

7- 12 
10 

11—120 

86 

1_ 

3 

0_ 

3 

December, 1870 . 

C North. 

20 

6 


7 


* \ South. 

10— 40 

25— 37 

.5_ 15 

15— 101 
87 

16— 103 
114 

6_ 

12 

0_ 

7 

January, 1871.. 

C North. 

10 

11 

5 

0 

6 


‘' \ South. 

18— 37 

13— 24 
18 

10— 15 

7 

0_ 

o 

0_ 

6 

February, 1871. 

C North. 

16 

2 


4 


'• * South. 

15— 31 

14— 32 
23 

8— 15 

8 

16-130 

144 

4_ 

6 

0_ 

4 

March, 1871. 

April, 1871.. 

C North. 

24 

1 


1 


' $ South . 

C North. 

23— 47 
23 

22— 45 
30 

3— 11 

8 

2— 10 
] 

18—162 

106 

19—125 

1 — 

r. 

2 

4 

2 

'' I South. 

23— 40 

23— 53 

8— 14 

0— 

4 

May, 1871*. 

( North. 

17 

4 

30 

6 


4 


' ’$ South. 

16— 33 

3— 7 

3— 4 

3— 33 

0— 

6 

0_ 

4 

June, 1871. 

July, 1871. 

C North. 

18 

9 

6 

153 

2 


2 


" l South. 

( North. 

17— 35 
28 

11- 20 

7 

4— 10 

5 

17—170 

87 

5— 
1 

7 

0— 

3 

2 

“) South __ 

29— 57 

11— 18 

7— 12 

12— 97 

5— 

6 

tt— 

3 

August, 1871. 

C North... 

29 

12 

4 

90 

1 


1 


* i South. 

30— 59 

10— 22 

3— 7 

11—101 

1_ 

2 

0_ 

1 

September, 1871. 

£ North. 

24 

16 

2 

96 

1 


2 


' l South. 

23— 47 

13— 29 

1— 3 

14—110 

0— 

1 

0— 

2 








Total_ 


522 

352 

134 

1,372 


66 

39 






Total number of vessels of all sizes. 2, 475 


* Canal closed to repair Deep Creek lock. 


JAMES T. CARR, 

Collector Dismal Swamp Canal Company. 


Annual report of the president and directors to the stockholders of the 
Dismal Swamp Canal Company for the fiscal year ending September 
30, 1872. 


REPORT OF EXAMINING COMMITTEE. 

The undersigned, members of the examining committee appointed at 
your last annual meeting, respectfully report: 

On Saturday, November 2, we, in company with the president, pro¬ 
ceeded to Deep Greek for the purpose, as far as practicable, of a personal 
examination of matters particularly under our supervision. In view of 
the fact that all new work had been suspended during the past year, 
we are only enabled to make the following brief statement: From per¬ 
sonal investigation, and from other reliable information, we are satisfied 
in representing that the operations of the canal have been conducted for 
the past year satisfactorily, affording accommodation to all the trade 
offering. 

All necessary repairs have been made as far as practicable and the 
resources of the company would justify. 

The books of the company exhibit every item of expenditure, with 
vouchers for each entirely satisfactory. 

The president’s report can alone present the affairs of the company in 
detail. 




















































24 


DISMAL SWAMP CANAL. 


In conclusion, would remark tliafc in our judgment the interest of the 
stockholders is properly protected under the present management. 
Respectfully submitted. 

B. P. LOYALL. 

DANIEL S. CHERRY; 

W. C. MARROW. 


REPORT OF THE PRESIDENT. 

Office Dismal Swamp Canal Company, 

Norfolk, Va., November 4,1872. 

To the stockholders cf the Dismal Swamp Canal Company: 

Gentlemen : On behalf of your board of directors, I have the honor 
to submit the following report of the condition of the affairs of the com¬ 
pany for the fiscal year which ended on the 30th of September past. 

Referring to resolution 1 of the last annual meeting of your body 
here quoted: 

Besolved, That the report of the president, with the recommendations and sugges¬ 
tions therein, including those with regard to the reopening, &c., of the Northwest Ca¬ 
nal, and also as to the advantage to this company of turning over to a new company 
the use of said Northwest Canal, or repairs thereof for their own use, be referred to 
the president and board of directors for immediate action, and report to the stock¬ 
holders at an early day for their action. 

In accordance with the authority above quoted, we proceeded at once 
to make deed of lease and transfer to the proposed new company, but a 
completion of the same was prevented in consequence of a declination 
on the part of the new company to treat further on the subject, owing 
to the present complications in the way of legal transfer of rights under 
present mortgages, &c. 

The result has proven beneficial to our company. We have passed 
through a year of almost unparalleled dryness, and to prevent interrup¬ 
tion to navigation found it necessary to dam across the Northwest Ca¬ 
nal, the utility of which has been subsequently proven, as we had to 
husband all our resources of water, and our action in the premises has 
also removed a heretofore fruitful field of complaint from the adjacent 
land-holders. The bed of the small canal is now as dry as the road-bed. 

Resolution 2 of your last meeting: 

That the president and directors be requested to remodel their tariff df toll so as to 
increase revenue without risking competition from other quarters within the limits 
prescribed by their charter; and, if necessary, to apply to the legislatures of the 
States of North Carolina and Virginia to extend the rates now allowed. 

Under this resolution we have prepared and enforced a tariff, the 
result of which is fully apparent in our finances. 

Resolution .3 of your last meeting: 

That the president and directors be, and they are hereby, instructed to defend the 
rights of the canal company against any intrusion or violation of our rights to the 
water of the canal and of Deep Creek under the charter of our company; and that 
they, upon any such intrusion, shall immediately procure an injunction, so as to pre¬ 
vent any violation of our rights; and that the hoard of water commissioners of the city 
of Norfolk be furnished a copy of the resolution. 

After a conference with some of our old stockholders, who have given in¬ 
disputable evidence of their interest in the success of our work, we deemed 
it advisable, in connection with our present able counsel, Mr. W. H. 0. 
Ellis, to retain General John S. Millson. A correspondence was held by 
the president with the chairman of the board of water commissioners, 



DISMAL SWAMP CANAL. 


25 


ami the subsequent action of the water board (having made another 
selection for water) has, for the time at least, fully disposed of this 
matter. 

Enlargement , repairs , and improvements. 

Much has been accomplished during the year in way of repairs and 
improvements. The dam dividing Deep Creek from the Elizabeth River 
having to some extent given way, has been put in complete order, and 
is now safe against full tides and gales. 

The gates at Deep Creek were built some thirty years ago, and the 
middle gate threatened a burst-up daily. An occurrence of the kind 
would necessarily be attended with great loss to property, and perhaps 
life. We therefore had built and placed in position a new gate. 

The gates at Culpeper locks, built some years since, are inferior in 
the quality of the timber used in their construction, and have afforded 
much trouble in the leakage of water, and have been one of the items of 
expense to keep in order. We have but recently completed some repairs 
of the same. 

Also, repairs have been made to the locks at Northwest, and to the 
gates, which are not in good condition, and will require further repairs. 
We have dredged the canal to some extent, but there now remains 
several shoal places, which will require further dredging during the year. 

The road-bed is in very fair order, and we have opened, and are yet 
opening, ditches to the extent of ten miles. About six miles of this 
ditching is 20 feet on the bank and 11 to 12 feet at the base—quite a 
canal, as you perceive. 

In the wisdom of our predecessors, some thirty years ago, these ditches 
were made to carry off the sweat-water, aud for the past fifteen years 
have been more or less closed by the continuous washing and filling. 
This has been a source of annoyance to the company for many years, 
and recently suits have followed complaints. We decided to remove 
this difficulty, though at a very heavy expense to the company, but 
which results eventually to the good of the same, and will materially aid 
in keeping in order the road-bed, &c. Our obligations are now out for 
some $2,000, which will complete this branch of the work. 

The propriety of this expenditure may be questioned. None will deny, 
however, that where an obligation exists to cut sweat-ditches it is con¬ 
tinuous to keep the said ditches open, unless provided for to the con¬ 
trary in the original compact. 

The bridge at South Mills, in consequence of decay, has been removed. 
We have prepared a ponton-bridge, which meets the demand until we 
can build a new one, and which we recommend to be done as early as 
possil le. 

The bridge over the Gilmerton Cut is so much decayed as to be un¬ 
safe for travel. We therefore recommend that it be replaced by a new 
work at once. 

As previously intimated, we recommend the dredging of the entrance 
to the canal at Gilmerton, at the Feeder, the Half-way House, and several 
oihar shoal points, embracing altogether about one and a half miles. 
The work which has been done, and which we now recommend, is essential 
to the welfare of the canal were we now in condition to enlarge as con¬ 
templated. 

The revenue is important, and this would be continued and increased 
until we were ready to build new locks, &c. 

It was your pleasure at your last meeting to associate with our di¬ 
rectory, for the purpose of preparing a memorial to Congress, Col. C. W. 


26 


DISMAL SWAMP CANAL. 


Newtou, and we are gratified to acknowledge our obligation to him for 
the able mauner iu which he has discharged that duty. He is entitled 
to the warm thanks of every stockholder of the company. 

We are also much indebted to our Representative, Col. James H. Platt, 
who has ever evinced the utmost readiness to serve us. iu the presenting 
of our memorial, &c. It has been referred to the Committee on Com¬ 
merce, and should be urged upon the attention of Congress. We are 
gratified further to say that a survey of the canal and an examination 
of the estimates we made was ordered by the government, which re¬ 
sulted favorably, and was a full indorsation of our estimates, the amount 
being increased about $38,000, and now calling for $440,000. This 
recommended increase resulted from a conclusion to extend the new 
lock to 225 feet in length, previously estimated for at 165 feet. 


Table A.—Finance. 


This table exhibits the operation for the year ending the 30th of Sep¬ 
tember : 

Condition of books prior to balance. 


Cost of property..•_ 

CU 

a- 

o 

e 

o 

00 1 

1 Capital stock. 

$4^6,000 

00 

Profit aud loss account. 

126,810 

39 

First-mortgage bonds. 

200,000 

00 

Salaries general officers. 

1,700 

66 

Bills payable ante helium, .... 

21,811 

87 

Office-expenses. 

404 

86 

L. G. Edwards. 

888 

90 

Law-fees. 

25 

00 

Revenue-account. 

19,998 

90 

Interest on funded debt. 

14, 555 

00 




Discouut or interest-account. 

797 

79 




Canal-tolls. 

2, 673 

62 




Road-tolls. 

60 

00 




Enlargement and repairs.... 

95.435 

82 1 




Cash account. 

236 

43 





728,699 

57 ; 


728,699 

57 


Table B. 

Present condition of books. 


Cost of property. $486,000 00 1 

Profit and loss account. 127,028 42 

Enlargement and repairs.... 95,435 82 

Cash account. 236 43 ! 


708,700 67 1 


Capital stock. $486,000 0C 

First-mortgage bonds. 200,000 00 

Bills payable. 21,811 77 

L. G. Edwards. 888 90 


708,700 67 

JOHN E. DOYLE, 

Treasurer . 


That the report may be fully intelligible to every stockholder, we 
proceed to make some comments upon the different tables : 


The coapon-interest on $200,000 8 per cent, bonds amounts to 

Report, Table A, shows.. 

Discount paid. 


$16,000 00 

$14,555 00 
707 79 


15,352 79 

The difference between the full interest and the amount charged we 
proceed to explain: 

The entire coupon-interest was provided for. but at the close of our 

































DISMAL SWAMP CANAL. 


27 


fiscal year nine coupons had not been presented, and consequently was 
charged back, thus crediting funded-debt interest-account with the 
amount. Secondly, we deducted from the coupons paid 3J per cent., 
a Virginia State tax, which had been also charged to funded debt. The 
holding of this tax was protested against by the coupon-owners, and, 
under advice, we have made no disposition of the same, only crediting 
funded-debt interest-account with the amount so charged. Since the 
•close of our fiscal year five of the coupons have been presented and 
paid, and will appear in the next report. 

This table also presents a very gratifying increase of our revenue for 
the year—about 60 per cent, over the previous year—and a large dimi¬ 
nution of expenses. 

After the adjournment of the last annual meeting, some of the stock¬ 
holders were anxious to know the items which constituted the profit 
and loss account, then amounting to $119,282.81, per report. This 
account was created prior to our administration, and has since been 
increased by closing an item of account against W. R. Overton, $130.86; 
Farmers’ Bank of Virginia, ante bellinn , $66.72; and the loss consequent 
upon a sale of the residue of the bonds, which had also been previously 
pledged to the banks for moneys borrowed and disbursed, and the total 
of which account, now amounting to $127,028.42, fully itemized, is pre¬ 
sented with the report, marked Table 0. Table D exhibits the receipts 
of the canal, north and south, during the year, and Table E the number 
and class of vessels passing through the same. 

Before closing this report, we must be permitted to say that during 
the year the canal has been much improved and its revenues largely 
increased. The great importance of opening up this highway of trade 
and commerce is daily demonstrated, and we would urge upon you the 
investment by your president with full powers and authority to press 
upon the attention of the next session of Congress the national impor¬ 
tance of the same to the government. You, as stockholders, can best 
judge of its importance to yourselves. 

All of which is respectfully submitted. 

W. B. ROGERS, President . 


Table D. 

Receipts of the Dismal Swamp Canal and Road for the year ending September 

30,1872. 

INWARD OR NORTH TOLLS. 


Corn. 


204,470 

Cotton. 


1,365 

Chickens. 

...M. 

22,133 

Cattle. 


604 

Fish. 


8,606 

Flaxseed. 


166 

Eggs. 


53,523 

Hides. 


460 

Iron. 


62,500 

Logs, coopers’ .... 


7,108 

Pease. 


4, 994 


Piles. 6G4 

Inward passengers. 


Potatoes.bushels. 13,123 

Posts. 14,053 

Reeds.cords. 113 

Rails.M. . 264,650 

Rags.pounds. 20,990 

Staves.M. 179,975 

Shingles.M. 3,208,980 

Shad .M. 117,134 

Ties.M. 257,209 

Timber.cubic feet. 16,298 

Wood.cords. 5,111 

Wheat.bushels. 6,419 


3,614 






























28 


DISMAL SWAMP CANAL 


OUTWARD OR SOUTH TOLLS. 


Apples. 


17 

Bricks. 

.M. 

6, 600 

Butter. 


116 

Buckets. 


12 

Bacon. 


31, 050 

Brooms. 


8 

Cakes. 


94 

Coal.. 


79 

Coffee.. 


210 

Cheese. 


117 

Crockery. 


23 

Corn. 


1,228 

Chairs. 


28 

Flour. 


5, 580 

Fish. 


158 

Hay. 


129 

Lime.. 


3, 633 

Laths. 

.M. 

3, 000 

Molasses. 


420 

Merchandise. 

.cubic feet. 

9, 885 

Meal.. 


249 

Nails. 


146 

Oil. 


112 

Outward passengers. 




Oats.bushels. 198 

Pork. barrels. 730 

Powder.kegs. 20 

Plows. 391 

Plank.M. 14,741 

Potatoes.barrels. 234 

Rope.coils. 25 

Sugar.barrels. 213 

Spirits.barrels. 317 

Salt.sacks. 1,267 

Snuff.jars. 236 

Shot.bags. 97 

Shoes.boxes. 194 

Salt.bushels. 4, 850 

Sugar.hhds. 4 

Soap, &c.boxes. 2,198 

Stoves. 34 

Tobacco.boxes- 812 

Trunks. 10 

Tar.barrels. 20 

Vinegar.barrels. 12 

Wine.barrel. 1 


. 3,588 

S. W. GARY, Collector. 


Table E. 

/ 

Report of the number and class of vessels passing through the Dismal Swamp Canal for the 

year terminating September 30, 1872. 


Year and month. 


October, 1871... 
November, 1871 
December, 1871. 
January, 1872... 
.February, 1872 . 

March, 1872. 

April, 1872. 

May, 1872 . 

June, 1872. 

July, 1872 . 

August, 1872 ... 
September, 1872 

Total. 

North. 

South . 


Steamers. 

1 Schooners. 

Sloops. 

Boats. 

i 

Lighters. 

Rafts. 

Total. 

54 
43 
43 
58 
50 
53 

55 
46 
39 
43 
39 
32 

58 

54 

33 

39 

31 

53 

52 

58 

31 

31 

28 

12 

3 

14 1 
17 1 
24 
19 

8 

8 

9 

6 

7 

9 

2 

1 

... — 

6 

26 

2 

11 

3 

7 

110 

125 

127 

125 

109 

140 

148 

131 

112 

94 

91 

81 

2 

2 

2 

1 

2 

1 

1 

1 

2 

242 

233 

208 

239 

208 

272 

281 

270 

193 

188 

167 

141 

555 

480 

133 

67 

1,393 

14 

i 

2, 642 

275 

244 

70 

35 

1,253 

14 

1, 891 

280 

236 

63 

32 

140 


751 


S. W. GARY, Collector. 


Annual report of the president and directors to the stockholders of the 
Dismal Swamp Canal Company for the fiscal year ending September 
30, 1873. 

REPORT OF EXAMINING COMMITTEE. 

To the stockholders of the Dismal Swamp Canal Company: 

Gentlemen : We have the honor to report that on Friday, 31st ult., 
by invitation of the president of the company, we proceeded to examine 






































































































DISMAL SWAMP CANAL. 


29 


the condition of your canal. As far as practicable we found that there is 
no obstruction to navigation in any department of the work, and we take 
great pleasure in the fact that the canal has not been closed for work or 
repair during the past year. In addition to the ordinary work necessary, 
the president has been obliged to renew three of the bridges over the 
canal, which has been no small tax upon the resources of the company. 

If the means were at the command of the president for dredging even 
in a small degree, we believe the trade through the canal would rapidly 
increase. 

In closing this report, we feel it but due to the president and other 
officials of the canal company to compliment them upon the manage¬ 
ment of the affairs of the company. The books of the company exhibit 
every item of expenditure with satisfactory vouchers. 

Respectfully submitted. 

B. P. LOYALL. 

W. 0. MARROW. 

DARIEL S. CHERRY. 

GEORGE NEWTON. 


president’s report. 

Office Dismal Swamp Canal Company, 

Norfolk , Fa., November 3, 1873. 
To the stockholders of the Dismal Sic amp Canal Company; 

Gentlemen: On behalf of your board of directors, I have the houor 
to submit the following report of the condition of the affairs of the com¬ 
pany for the fiscal year which ended on the 30th of September past: 

Table A.—Finance. 

Table B.—Receipts, inward and outward. 

Table C.—Number and class of vessels passing through. 

Repairs and improvements. 

My report for 1872 calls attention to the condition of the gates at 
Northwest locks. I found it absolutely necessary to build, and have 
placed in position, two sets of gates. Thoseat the Culpepper locks having 
entirely worn out, we also built a set of gates for that lock. 

Have built during the year three bridges; one over South Mills, to 
replace the ponton structure in temporary use, one over Deep Creek, 
and one over Gilmerton. The former bridges have been doing service 
for some twenty-five years, and were entirely worn out, and their replace¬ 
ment by new structures a necessity imperatively demanded. The road¬ 
bed is in very good condition, having been much improved the past 
twelve months, sweat-ditches completed, noticed in the last report, and 
the continuation of about one mile more will complete the same to the 
line of the canal. 

Dredging to some extent has been done, obstructions removed at the 
entrance to the work at Gilmerton, and at various other points. The 
dam across the Northwest Canal broke, and has been replaced by a new 
.and stronger work. This was attended with some cost, but was una* 
Yoidable. 

The work done upon the canal during the year has so improved the 
same that we do not hesitate to pronounce its condition an advance 
upon any term for the past twenty years. If the finances of the com¬ 
pany would permit, I would recommend the dredging of the canal for 
some twenty miles, removing about one and one-half feet from the bot- 



30 


DISMAL SWAMP CANAL. 


tom. The advantage in the increased revenue would soon be very ap¬ 
parent. One-half or more of a class of vessels navigating our canals 
would eagerly seek this avenue, that now hesitate in consequence of 
the draught of water; and in this connection you will pardon me for urg¬ 
ing upon you the further pressing of your application for relief to the 
next Congress of the United States. The government, as you are aware, 
owns eight hundred shares of stock, and the revenues having been ap¬ 
propriated as far as practicable to the improvement of the work, 
strengthens our claim for the aid asked. Before closing, I would call 
your attention to our present financial condition, inclusive of some of 
the items of Table A. 

To carry out the improvements necessary and ordered, we were com¬ 
pelled to incur some indebtedness, the balance of which, on the 30th of 
September, was $7,500. Our charge against funded debt interest- 
account and discount account shows $17,831.91. The annual coupon 
interest is $10,000, and this amount has been increased by the pay¬ 
ment of some coupons not presented at last report, discounts paid to 
banks, and the further payment of some $1,000 left as an incumbrance 
by the former president. 

The improvements have cost nearly $7,500. I estimate that $1,000 
will be sufficient for this branch during the year. The revenue of the 
company evidenced an improvement in the last report of GO per cent., 
and shows an improvement of 10 per cent, for this year. I hope a con¬ 
tinued improvement (unless affected by the financial condition of the 
country). 

This improvement must be decided, however, to enable us to meet the 
floating debt incurred for the improvements mentioned, pay the annual 
charges for management, and the regular coupon interest to the bond¬ 
holders. 

All of which is respectfully submitted. 

W. B. ROGERS, 

President. 


Table A.— Finance. 


This table exhibits the condition of the books prior to and after 
balance for the year ending the 30th of September, 1873. 


Condition of the books prior to balance. 


Cost of property. $486,000 00 

Enlargement and repairs.... 102,660 68 

Profit and loss account. 127,028 42 

Salaries general officers. 1,783 33 

Office expenses. 338 90 

Law fees.. 135 00 

Funded debt interest and dis¬ 
count... 17,83191 

Canal tolls.. 2,356 00 

Cash account. 219 89 


738,354 13 


Capital stock.$486,000 00 

Bills payable, old account... 21,811 77 

Bills payable, new account.. 7,500 00 

First-mortgage bonds. 200, 000 00 

L. S. Edwards. 888 90 

Revenue account. 22, 153 46 


738,354 13 


Condition of books after balance , September 30, 1873. 


Cost of property. $486,000 00 

Enlargement and repairs.... 102,660 (58 

Profit and loss account. 127,320 10 

Cash account. 219 89 


Capital stock..$486,000 00 

Bills payable, old account ... 21, 811 77 

Bills payable, new account.. 7,500 00 

First-mortgage bonds. 200,000 00 

L. S. Edwards. 888 90 


716,200 67 


716,200 67 


























DISMAL SWAMP CANAL, 


31 


Table B. 

Receipts of the Dismal Swamp Canal and Road for the year endinq Sep¬ 
tember 30,1873. 

INWARD OR NORTH TOLLS. 


Apples. 


60 

Meal. 


1,911 

Bacon. 


42,466 

Oats. 


870 

Buoys.. 


20 

Potatoes. 


2,524 

Corn. 


186,337 

Pease. 


2, 373 

Cotton. 


2,168 

Posts. 

.M.. 

8,950 

Chickens. 

.M.. 

25,158 

Paving. 


1,028 

Cattle. 


404 

Piling. 


34,936 

Empty barrels_ 


547 

Rails. 

.M.. 

188,680 

Eggs. 


78, 000 

Rags. 


36,800 

Fish. 


4, 590 

Reeds. 


651 

Hides. 


590 

Sheep . 


131 

Hogs. 


433 

Shad. 


12,000 

Iron . 

.lbs.. 

8,890 

Shingles.. 

.M.. 1, 

,914,665 

Irons. 


87 

Staves. 

.M.. 

153,250 

Knees. 


90 

Shucks . 


12 

Lumber. 

.M-. 

180,000 

Telegraph-poles... 


157 

Last-blocks. 


730 

Ties. 

.M.. 

163,923 

Logs, coopers’_ 


8,685 

Timber. 


24,633 

Logs, holly.. 


338 

Wood. 


4,718 

Melons. 

.........M.. 

3,000 

Wheat. . . 


4,223 


Inward passengers, 3,860. 


OUTWARD OR SOUTH TOLLS. 


Apples.barrels.. 60 

Bricks:.M.. 5,000 

Butter.kegs.. 75 

Baskets.dozen.. 60 

Buckets.dozen.. 45 

Bagging.rolls.. '300 

Bacon. pounds.. 30,000 

Bedsteads. 144 

Brooms.dozen.. 60 

Carriages. 16 

Cakes.barrels.. 82 

Coal.tons.. 300 

Coffee.sacks.. 300 

Cheese ..boxes.. 360 

Crockery.crates.. 36 

Candy.boxes.. 60 

Corn.bushels.. 1,350 

Chairs.dozen.. 36 

Flour.barrels.. 6,225 

Fish.barrels.. 172 

Hay.bales.. 68 

Lime.barrels.. 1,200 

Lard.tubs.. 60 


Outward passengers, 3,625. 


Molasses.#... 


525 

Merchandise. 


10, 800 

Nails. 


225 

Oil. 


196 

Pork. 


825 

Plows.. 


425 

Paper. 


82 

Potatoes . 


325 

Rope. 


38 

Sugar . 


300 

Spirits.. 


340 

Salt. 


6, 025 

Snuff. 


220 

Shot. 


110 

Shoes. 


600 

Salt. 


6,225 

Soap, &c. 


3,600 

Stoves. 


62 

Tobacco. 


950 

Tables. 


18 

Tar. 


125 

Vinegar. 


8 

Wine. 


3 


S. W. GARY, 

Collector. 


























































































32 


DISMAL SWAMP CANAL. 


Table 0. 


Report of the number and class of vessels passing through the Dismal Swamp Canal for the 
year ending September 30, 1873. 


Year and month. 

Steamers. 

Schooners. 

Sloops. 

Boats. 

Lighters. 

Rafts. 

Total. 

October 1872 . 

16 

18 

1 

11 

90 


136 

November, 1872. 

48 

44 

4 

6 

127 

4 

233 

December 1872 

40 

30 

2 


109 


181 

January, 1873. 

51 

34 

10 

9 

134 

1 

239 

February, 1873 . 

46 

33 

5 

7 

120 

1 

212 

March, 1873.. 

48 

18 

7 

7 

139 

1 

220 

April, 1873 . 

52 

31 

13 

18 

110 

1 

225 

May, 1873 . 

53 

36 

4 

13 

128 

1 

235 

•Tune, 1873_____ 

50 

31 

6 

7 

94 


188 

July, 1873 . 

58 

32 

10 

5 

90 

3 

198 

August, 1873 . 

49 

19 

1 

5 

108 

7 

189 

: September, 1873 ..... 

34 

30 


7 

92 

3 

163 

Total. 

545 

356 

63 

95 

1,341 

22 

2, 422 

North. 

272 

182 

30 

60 

1,189 

22 

7/755 

Son t,h........ 

273 

174 

33 

35 

152 


667 










S. W. GARY, Collector. 


Annual report of the president and directors to the stockholders of the 

Dismal Swamp Canal Company for the fiscal year ending September 

39, 1874. 

REPORT OF EXAMINING COMMITTEE. 

To the stockholders of the Dismal Swamp Canal Company: 

Gentlemen : We have the honor to report that, in accordance with 
the customary requirement, we have, as far as practicable, made an ex¬ 
amination of your canal, and have found it in good working order, with 
the exception of an unprecedentedly low state of the water, owing to 
the long-protracted drought. The president has lately taken advantage 
of the low water to clean out all the bars and obstructions in the Gil- 
merton section of the canal at very small cost. 

You are well aware that want of funds prevents the prosecution of 
many improvements which your energetic president has in view. 

The books and vouchers for the past year have been examined, and 
we find them in all respects correct. 

All of which is respectfully submitted by your obedient servants, 

B. P. LOYALL, 

W. C. MARROW, 
GEO. NEWTON. 

Norfolk, November 2, 1874. 


president’s report. 

Office Dismal Swamp Canal Company, 

Norfolk , Fa., November 2, 1874. 

To the stockholders of the Dismal Swamp Canal Company: 

Gentlemen : On behalf of your board of directors, I have the honor 
















































DISMAL SWAMP CANAL. 33 

to submit the following report of the condition of the affairs of the com¬ 
pany for the fiscal year which ended on the 30th September past: 

Table A.—Finance. 

Table B.—Receipts inward and outward. 

Table C.—Number and class of vessels passing through the canal. 


Repairs and improvements . 

Since the opening of the Turner Cut at intervals during the prevalence 
of westwardly winds, the depth of water is affected to a greater or less 
extent, which somewhat interferes with navigation. I have therefore 
caused the obstructions in the Moecassiri Track (the natural channel 
formerly used) to be removed, rendering the same now navigable, which 
will meet the difficulty. 

Lochs and gates at South Mills. 

The locks are in good condition. The gates have all been made new 
with the exception of the middle set. I recommend their replacement 
with new work as early as possible. This level is in good condition. 
Several breaks have occurred during the year on the road-bank, which 
has been raised and repaired. 


Culpeper lochs. 

The locks and gates are in good condition ; the gates having recently 
been made new. The road, also, bordering this level is in good order. 
The waste-way at Culpeper having burst up some years ago will neces¬ 
sitate a tumbling dam, which I recommend to be placed about half a 
mile uorth of the lock. The expense of this construction will be very 
small. 

Northwest lochs. 

The locks and gates are in good order, and the level, also, in fair con¬ 
dition. The excessive wet weather in the early part of the season oc¬ 
casioned several overflows of the road-bank, which compelled the rais¬ 
ing of the road-bank at various points. To obviate the difficulty in the 
future, I recommend gates at the dam at Northwest Canal, and the re¬ 
moval of some obstructions at Manning’s Lock, in said canal, to waste 
through when under any unusual pressure of water. 

Lochs at Deep Creeh. 

Since the repairs (by bracing) of these locks they have remained in 
very good order. The gates are all new, with the exception of the 
upper or south gates; and their condition is such that I recommend new 
gates as early as practicable. The road-banks on the level are in good 
condition. I would here remark that I have repaired the gates at the 
lake, and for the first time in many years they are wide open. The ex¬ 
traordinary dry spell of the past two months has so reduced the water 
as to place it on a level with the canal. 

H. Ex. 19-3 


34 


DISMAL SWAMP CANAL. 


Dam over Deep Greeli. 

This dam I consider of imperfect construction, the foundation being 
defective. Two breaks have occurred the past year, attended with con¬ 
siderable expense. As early as the revenues of the company will per¬ 
mit, I recommend sheet-piling across the inside of the masonry, which 
will effectually secure the work for the future. 

Gilmer ton level. 

This level has been cut through a continuous sand ridge for some two 
aniles, and sand-bars are continually forming from the washing, &c. 
Navigation is now very difficult, which difficulty is increased by the leak 
•at the dam reducing the water. It is important that this level be dug 
out and the bars removed at once. 

A reference to my last report will show an indebtedness then reported 
of $7,500, About $500, also, was theu due, but unaudited. During 
the year we have paid the debt in full; but I am compelled to report 
that we have passed the July coupon-interest of $8,000 and owe bills 
payable of $500. Various causes have contributed to this result. At 
the conclusion of my last report I stated that the financial status of the 
country might affect us, and our revenue must show a decided increase 
to prevent such results. Our trade is principally local, and the lumber 
interest furnishes the bulk of the revenue. This interest more than any 
other has been affected by monetary difficulties, and hence its decided 
effects upon our revenue. It will be remembered that at the commence¬ 
ment of our administration the revenue was only some $13,000. This 
we advanced to $20,000; thence to $22,500. It was reasonable to have 
expected an increase of ten per cent., unless controlled by causes men¬ 
tioned in this connection ; but, on the contrary, there is an actual de¬ 
cline of about $5,500 during the year. But for this we should have met 
•our July interest without difficulty. Since our administration we have 
expended upon the work some $22,000, and have paid the bondholders 
-'$40,000 interest. The interests of both bondholders and stockholders 
have been carefully guarded. I urged upon you at our last meeting the 
importance of pressing our claims upon the attention of Congress. It 
is well known, however, that the entire body was seized with a fit of 
-economy early in the session, and which became chronic ere its close. 
Surely, though, a work of this character, with the government as stock- 
holder'two-fifths of $ 1,500,000, will not be permitted to languish. I would 
therefore respectfully urge you to have our claims properly presented 
at this session of the Congress of the United States. We must have 
ithe work of width and depth continued to completion, which will afford 
ample revenue, or we must have a largely increased revenue under pres¬ 
ent navigable capacity to insure a successful working of the company 
for the future. 

All of which is respectfully submitted. 


W. B. ROGERS, President. 


DISMAL SWAMP CANAL. 


35 


Table A.—Finance. 


This table exhibits the condition of the books prior to and after bal¬ 
ance for the year ending September 30, 1874. 


Condition of the boohs prior to balance. 


Cost of property, charged... $486,000 00 
Entire cost of 

property.$1,500, 000 

Stock only issued 

for . 486,000 

Profit and loss account. 127,320 10 

Law-fees and taxes. 320 44 

Discount-account. 534 73 

General repair account. 1,625 04 

Funded debt interest account 8,000 00 

Enlargement and repair ac¬ 
count . 99,480 16 

General expense account .... 5,673 45 

Cash account. 209 29 


729,163 21 


Capital stock. 

Bills payable ante helium 

Bills payable, new. 

First-mortgage bonds. 

Leroy S. Edwards. 

Kevenue account. 


|486,000 00 
21,811 77 
500 00 
200, 000 00 
888 90 
19,962 54 


729,163 21 


Condition of. boohs after balance September 30, 1874. 


Cost of property. $486, 000 00 

Profit and loss account. 121, 886 18 

Enlargement and repairs.... 101,105 20 

Cash account. 209 29 


709,200 67 


Capital stock.$486, 000 00 

Bills payable, old account... 21,811 77 

Bills payable, new. 500 00 

First-mortgage bonds. 200, 000 00 

Leroy S. Edwards. 888 90 


709,200 67 

JOHN E. DOYLE, Treasurer. 




























Inward receipts through Dismal Swamp Canal for the fiscal gear ending September 30, 1874. 


36 


DISMAL SWAMP CANAL 


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of of iff • h* od* co of co" of cd* 

d rH • rH 

105, 630 

•S9[Saiqg 

ooo oo • • © o © © © 

OOIO oo • *000000 

oom oo • -oo^oo 

of o"o' oo co* • . of o' h*t r»f V* 

OJdH co • • CO GO 05 OC lO 

HHH • • ^ 04 <M 

1, 629,150 

•J9qimq ^aag 

53, OOO 
1, 540 

15, 456 
74, OOO 
53, OOO 
170, OOO 

366,996 

■qjoo B^aqsng; 

r no H'-rtX/OOi-QUt'-’-'O 

r- oo M’toonodoio 

05 CIO dHCOa-HGUlOWd 

of i-T oo" CO* CO co" o' of t' r-T co" 

H H H rH 

85, 267 

•b;b3J 

OO-H 4-0^0 dCD -CO 

Ot-hiO — O CO GO 1^- ^ GO • C5 

CO TT* 04 IC^IOHCOIQ'T ■ lO 

rH r-i CO 

10, 084 

•S9JO^S JBABU S[9JJBg 

icoo* d vG tp ^ oo a d o h 

i'- CO 00 ^05 00 04 0000© — 

rH H rH rH 

•H 

nr 

rH 

•qsq spajug 

aoa oddccioon’t 

m au cm oooonoc'.ooc5D 

CO ^ 04 rH 

rH 

4- 

04 

d 

co" 

■ao^oo 93iBg 

»r,XO rH ro CO to 05 . — 04 CO 

O H* 'GO 040010 0 'Oh-V 

04 UG O GO rr rH rH • CO 

3, 330 

1 

Year and 
month. 

1873. 

October. 

November ... 
December ... 

1874. 

January . 

February _ 

March. 

April. 

May. 

June. 

July. 

August. 

September... 

Total.... 



































































































Table B—Continued. 


DISMAL SWAMP CANAL 



cT 

ro 


rC: 


•Si 








O 

00 






f^c> 


t: 

o 

a 

« 

35 


• 8 .l 93 a 088 BJ 

O VO —* 

Cl Cl Cl 

^ONOt-O-<OQ0 

CO -T O CC o> c 0 rr co ci 
drHrTdClCOrHrHCl 

1,814 

•uooBq epunoj 

000 

O O TT 

co rr ao 

rr~ ID r-T 

OOOOOOOOO I 
OOOOOOOOO 

CO l'* 00 C" CO GO H O 

rr iH rH CO i-H ©I r*« | 

3 

Cl 

CO 

• 89869 .ld UO^OQ 

rH r-» 





nr 

•poo euox 

OCG 

r- 00 co 

dCOOOCOCOvOrHdd 

« 

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CO CO 

co co rr 

CO 35 d ® 05 rH CO 05 Cl I 
rH CO CO d CO i'- rH Cl 

t— 

0 

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coo^t 

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• • vo 

t » ^ • 


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co 

co 

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• 1 • • tt to . 

Cl 

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eioqeng 

000 

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O'JLOoooioeovio 
coco»oooocicir^ 
rr 0 d 0 00 co 0 0 00 

rH CO~ C* r-T 

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cact© 

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C? CO ^ Cl Cl —* i-H 

30 <0 

rH 

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rr vr$ IO 

VO Cl 00 

Cl rH rH 

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Cl Ci >0 CO 0 VO 05 Cl CO 

VO ® ® 35 rr Cl CO 

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Cl rr d 

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5 cc do 

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^ CO Cl T-< 

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rH rH 

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-T CO CO 

O—'T-HTr — '-TO* 

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Cl 

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0 ~ ro 

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co rr vo 

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05 

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CO VO CO 

^ccoaoiocidcoo 

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00 

rr 

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d rr d 

0 000 

d 


GO 

T-H 

CO Cl 

rH rH 

rr 

r- 

rH 

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co 0 co 

rr co *0 

^rr-vo^foco^r-—< 

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OCOOO^rrOQrrCOVO 

1- 

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f . 

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r— ' 0 Cl CO r-< -H 

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Year and 
month. 

1873 . 

October . 

Xovember. ... 
December - 

1874 . 

January . 

February . 

March . 

A rir*i 1 

4 

: 

- 

1r 

i4 

u U *J • -. 

August . 

September ... 

Total . 


W. GABY, Collector 
























































































































38 


DISMAL SWAMP CANAL. 


Table C. 


Report of the number and clasu of vessels passed through the Dismal Swamp Canal for the 
fiscal year ending September 30, 1874. 


Year and month. 

Steamers. 

00 

i 

1 

o 

eg 

Sloops. 

Lighters. 

Boats. 

Rafts. 

Total. 

1873. 








October. 

49 

46 i 

6 

96 

4 

2 

203 

November. 

51 

38 

6 

74 


3 

172 

December. 

49 

36 . 

16 

87 

3 

2 

193 

1874. 








J anuary... 

4f> 

34 1 

9 

78 


1 

168 

February. 

38 

25 1 

3 

90 

2 

1 

159 

War eh . . 

35 

22 : 

4 

84 


3 

148 

April.;. 

52 

31 

5 

96 

11 

2 

197 

May. 

34 

37 

3 

95* 

11 

7 

187 

June. 

29 

25 

4 

74 

2 


134 

July. 

24 

24 

1 

72 

It 

1 

133 

August. 

25 

22 


79 

1 

3 

130 

September. 

26 

3 


58 

2 

3 

92 


458 

343 

57 

983 

47 

28 

1, 916 

North.. 

235 

173 

36 

857 

24 

28 

1, 353 

South. 

223 

170 

21 

126 

23 


563 








Total. 

458 

343 j 

57 

983 

47 

28 

1,916 


Norfolk, Va., September 30,1874. 


S. W. GARY, Collector. 


Annual report of -the president and directors to the stockholders of the 
Dismal Swamp Canal Company for the fiscal year ending September 
30, 1875. 

REPORT OF EXAMINING COMMITTEE. 

To the stockholders of the Dismal Swamp Canal Company: 

Gentlemen : We Lave the honor to report that the canal is in good, 
navigable condition. Some improvements are necessary, and would 
have been made but for the restrictions upon the president and the 
financial status of the company. 

The books and vouchers for the past year, from the 1st October, 1874, 
to 30th September, 1875, have been examined, and we find them in all 
respects correct. 

All of which is respectfully submitted by your obedient servants, 

W. 0. MARROW. 

B. P. LOYALL. 

Y. BURRUSS. 


president’s report. 

Office Dismal Swamp Canal Company, 

Norfolk , Va ., November 1 , 1874. 
To the stockholders of the Dismal Swamp Canal Company : 

Gentlemen : On behalf of your board of directors, I have the honor to 
submit the following report of the condition of the affairs of the company 
for the fiscal year which ended on the 30th September last. 

Table A.—Finance. 

Table B.—Receipts inward and outward. 


















































DISMAL SWAMP CANAL. 


89 1 


Table C.—Number and class Of vessels passing through the canal. 

I would respectfully refer you to the following report made by me do 
an adjourned meeting of the stockholders on the 19 th March last: 

Office Dismal Swamp Canal Company, 

Norfolk, Va , March 19, 1875- 

To the directors of the Dismal Swamp Canal Company: 

Gentlemen: I have convened you at this important juncture of the affairs of the* 
canal company to submit an inquiry from Messrs. Brown, Lancaster A: Co., bankers,, 
of Baltimore, Md. (representing the bondholders of that city). 

This inquiry is addressed to Col. C. W. Newton, one of the trustees, and by him re¬ 
ferred to me for reply. 

That your consideration of the subject-matter embraced in this communication may 
be lull and decided, I would respectfully call your attention to the conclusion of my 
report to 30th September, 1873. 

The revenue for that year reaching $22,153.46, which reads thus: “The year 1872' 
evidenced an improvement of 60 percent.; 1873 only 10 per cent. 1 hope a continued 
improvement for the future, unless affected by the financial condition of the country.. 
This improvement must be decided, however, to enable us to meet the floating debt 
incurred for the improvements mentioned, pay the annual charges for management,, 
and the regular coupon-interest to the bondholders.” 

Again, my report to the stockholders to September 30, 1874 (made November *2,. 
1874), says: “A reference to my last report will show an indebtedness of $7,500, and. 
about $500 additional unaudited.” 

During the year we have paid this debt of $8,000, but I am compelled to report 
that we have passed the July coupon-interest of $8,000, and owe in addition $500 bills 
payable. 

Various causes have contributed to this result. At the conclusion of my last report 
I stated that the financial status of the country might atfect us ; and our revenue must 
show a decided increase to prevent worse results. 

Our trade is principally local, and lumber furnishes the bulk of the revenue. 

This interest, more than any other, has suffered injuriously by monetary difficulties, 
and hence its decided effect upon our revenue. 

It will be remembered that at the commencement of our administration the revenue 
was only some $13,000. This we advanced to $20,000, thence to $22,500. It was reason¬ 
able to have expected an increase of 10 per cent., unless controlled by causes mentioned 
in this connection ; but, on the contrary, there is an actual decline of about $5,500 
during the year ; otherwise we should have met our July interest without difficulty. 

The interests of both bondholders and stockholders have been carefully guarded. 

1 urged upon you at our last meeting the importance of pressing our claims upon 
the attention of Cougress. It is well known, however, that early in the session that 
body was seized with a fit of economy which became chronic ere its close. Surely, 
though, a work of this character, with the government a stockholder (two-fifths of 
$1,500,000), will not be permitted to languish. 

I would therefore respectfully urge you to have your claims properly presented at 
this session of the Congress of the United States. 

We must have the work of width and depth continued to completion, which will 
afford ample revenue; or we must have a largely increased revenue, under present 
navigable capacity, to insure a successful working of the compauy for the future. 

Referring to the Gilmerton level, I used this language: “This level has been cut 
through a continuous sand ridge for some two miles, and sand bars are continually 
forming from the washing, &c. Navigation is now very difficult, and the trouble is 
increased by the leak at the dam reducing the water.” 

It is important that the level be dug out and the bars be removed immediately. 

I have referred to these reports for a more intelligible understanding of our present 
condition. 

A short time after our adjournment, I was compelled to build a new dam across the 
basin of Deep Creek, or lose to the company a work which had cost some $20,000. This 
dam was built, and the Gilmerton level cleaned out at a cost of about $2,000. The 
revenue of the company for the past five months has decreased about $1,000 a month,, 
or, say, $5,000. 

Had we maintained the business of 1874, we could have paid at this time the July 
coupons to the bondholders. 

I yet hope that the revenue for the next three months will enable me to meet the 
July interest. 

You are fully capable, gentlemen, of forming a correct opinion as to the future of 
the company. 

A revenue of $25,000 will pay the annual general expenses, ordinary repairs, and 
$16,000 interest to the bondholders. 


40 


DISMAL SWAMP CANAL. 


I will thank you to embrace these facts in your reply to the inquiry herewith an¬ 
nexed. 

All of which is respectfully submitted. 

W. B. ROGERS, 

President Dismal Swamp Canal Company. 

The board being fully represented by W. B. Rogers, president, Hon. John B. White¬ 
head, Cicero Burruss, Dr. E. C. Robinson, Capt. D. S. Cherry, directors, the following 
preamble and resolution were unanimously adopted: 

“ Whereas the larger portion of the mortgage-bonds of the Dismal Swamp Canal Com¬ 
pany is owned in this city, and while the bondholders are anxious to receive tbe inter¬ 
est on their bonds regularly, yet it is the general opinion that the interest of all the 
bondholders would be promoted by not foreclosing the mortgage at this time: Be it 

“Resolved, That the above facts, as set forth in the report of the president of this 
board, be communicated to the bondholders, and, in addition, that all possible economy 
be exercised and no further improvements be made upon the work, aud only such re¬ 
pairs at intervals as may be demanded to maintain the same; and the net revenue be 
held with sole reference to the payment of the matured coupons. 

“JOHN E. DOYLE, Secretary” 

Note by the president. —The board of directors now have under consideration a 
proposition to the bondholders to fund the past-due coupons (inclusive of July) in 8 
per cent, interest-bearing certificates, interest payable January and July; and the 
-coupons for which the certificates are issued to be held by a trustee for the ultimate 
redemption of said certificates, and promptly pay the next coupon-interest. 

In addition, we are assured, by able counsel, that we can prosecute successfully our 
memorial in the Court of Claims, or reasonably expect the relief asked for from the 
next Congress. 

In accordance with that report, the expenses were reduced at the in¬ 
stance of the bondholders to the extent indicated by them. 

Certificates were ordered to be issued for $24,000- past-due coupons. 
The same were issued to all the bondholders north of this point. Only 
seven of the Norfolk bondholders have received their certificates; the 
issue of the remainder awaiting the presentation of the number of the 
coupon and the amount of bonds held or owned by each. 

The interest was paid upon the past-due coupons to July 1, 1875. 

As you have perceived from the report alluded to, a largely increased 
revenue was essential to the proper maintenance aud welfare of the 
company. Subsequent events have only demonstrated the contrary. 

The general depression of the business of the country, affecting both 
land and water corporations, has not been confined to the canals of New' 
York (which have been subjected to a decrease of revenue of more than 
one-half—some $750,000—during the past year), but has left its impress 
also upon our work, reducing the revenue over one-half for the present 
year. As I have intimated to you in previous reports, with but slight 
exceptions we are confined to a local trade, which is principally lumber, 
and the extent that interest has suffered is of general information. 

Were we in condition to make certain improvements (notwithstanding 
the present condition of trade) our revenue could be increased fourfold. 
I allude here to the opening of the Northwest Canal, which would not 
involve more than $15,000 outlay, and would make tributary to us a 
large amount of trade that now finds a more difficult outlet through 
another canal. 

A permanent dam has been erected in this canal, which I think will 
have to be removed this winter to waste our surplus water, as we have 
no waste-way at Culpeper, and to waste through- the locks to Deep 
Creek will not be sufficient. As you are aware, the farms on the west 
side of the canal all drain into the same at or near this point, and the 
Northwest River is the natural drain east of the same. Hence the 
necessity, unless a waste-way is constructed at or near Culpeper locks. 


DISMAL SWAMP CANAL. 


41 


Repairs and improvements. 

Since the dredging of the Gilmertou level and the building of the new 
dam navigation was not interrupted until September, then iuduced by 
the long spell of dry weather, which reduced the water in the lake to the 
level of the canal, forcing a suspension for some three weeks. This could 
be obviated entirely by deepening the feeder about two feet, which would 
always furnish an abundant supply of water. 

Locks and gates at South Mills. 

The locks are iu very good condition. 

The upper gates are new, and the lower gates have been put in good 
order since my report recommending the same. 

The level is in good condition. 

Culpeper locks. 

The locks and gates are in good order, with the exception of a leak 
in the northern gate, which should be arrested as early as practicable. 

Northwest locks. 

The locks, gates, and level in fair condition. The road-bed at this 
point has somewhat suffered from water, but is being gradually im¬ 
proved. 

Dam over Deep Creek. 

The excessive fall of water during the past fall, which deluged the 
country north, south, east, and west, to some extent damaged the dam. 
The earth wipgs were carried away. This damage has been repaired, 
and at present we lose no water from leaks at this point. 

Gilmertou level. 

The dredging of this level last year has obviously improved the same, 
which has been navigated since without difficulty. The locks and gates 
are in good condition. 

At the risk of being considered egotistical, but under the pressure of 
duty to others, and without designing any reflection upon the action of 
those who preceded us in the management of the company, we must 
say that an expenditure of $75,000 (of the $200,000 for which this com¬ 
pany was bonded prior to our connection with it), in the deepening of 
this canal and feeder, without any other change in its capacity for car¬ 
riage of freight, would yielded a revenue yearly sufficient to have paid 
regular dividends to the stockholders (the government included), the 
interest upon the $75,000, and have created a sinking fund for the ulti¬ 
mate extinction of the debt in a reasonable time. 

Errors of judgment will attach to the wisest and best, and wisdom 
is the result only of stern and costly experience. 

In conclusion, permit me to add that we shall make good our promise 
to pay the interest on the certificates at January next. Whether our 
expressed expectation at our last meeting, to pay the January coupon, 
will be realized, depends upon the future revenue, which time can only 
determine. 

You will also permit me to say, further, that as the Government of the 


42 


DISMAL SWAMP CANAL. 


United States owns two-fifths of the work, costing over one and a half 
millions of dollars, we should again present our claims to the next Con¬ 
gress. 

Our friends give assurance of success the next session. 

I would suggest, at the conclusion of your business, that you adjourn 
r to the 10th day of January next, as the future destiny of this improve¬ 
ment, under its present organization, will be measurably determined by 
that time. 

All of which is respectfully submitted. 

W. B. KOGEKS, President, 


Table A.—Finance: 

This table exhibits the condition of the books prior to and after bal 
ance for the year ending September 30,1875. 

Condition of the boohs prior to balance. 


Cost of property, charged_$486,000 00 


Entire cost of prop- 


Stock only issued 

for.1. 486,000 

Profit and loss account. 121,886 18 

lievenue account. 23 14 

Law fees and taxes. 50 00 

Interest account. 46 32 

General-repair account. 3,156 83 

Trustee interest account. 1,500 00 

Funded-debt interest account. 742 20 

Enlargement and repairs .... 101,105 20 

General-expense account. 6,338 29 

Cash account. 11,419 60 


I Capital stock.$486,000 00 

i Aute-belluni debt.. 21,81L 77 

Cash account. 11,356 78 

Mortgage bonds. 200,000 00 

L. S. Edwards. 888 90 

Revenue account. 11,210 31 


731,267 76 


731,267 76 


Condition of the boohs after balance , September 30, 1875. 


Cost of property.$486,000 00 I 

Profit and loss account. 116, 875 82 

Trustee interest account. 1,500 00 

Enlargement and repair ac¬ 
count . 104,262 03 

Cash account. 62 82 | 


708,700 67 


Capital stock.$486,000 00 

Ante-bellum. 21,81177 

Mortgage bonds. 200,000 00 

L. S. Edwards.,. 888 90 


708,700 67 


JOHN E. DOYLE, 

Treasurer . 


4 


































Inward receipts through the Dismal Swamp Canal for the fiscal gear ending 30 th September, 1S75. 


DISMAL SWAMP CANAL 


43 



•ejaSioesBj 

to • C* ^^OO^COCCOO) 

m • i- tt m to oo ** ci cm to 

rH» r—< r-H rH rH H H ri 

1, 650 

•joquiix 

1 - to 1 - 1-0 1 O 00 O D h o 

r— i— co oo to ' oo t- o co co co 

h^rco hp co • cm co h ci oo t- 

cT^r-T CO* • CO lOO r-T 

" : 

48, 084 

•80[0<I-qdB,i3o|ox 

• o • . . » . O lO o o o 

• Q • • . . . O CM O O CO 

• IQ • • • • • to 05 COf 

• • • 1 1 • K 

. . ; • • • CO CM 

o 

o 

o 

oo" 

i 

OOO CO O O O O O O CO o 

o o o ooooooooo 

O 1*- t- OOOlCICOOCOOOOOU 

oo of csf of hp —ofoo co* t-~ co~ 

rH H CO r-i (71 

149, 193 

• * » -oo) *o » i 

• • • i O CM » O • • 

•siiooiq-ieB'T 1 : : : : olrt : 

• • • • W H • ^ • • 


8, 529 

•s3o| SpJOQ 

— -P00 1-050000 0^ 00 00 

-POO Cl Hp O — O O 05 CO Hp 

c: COiQOlOiQCM — CMrH 

HP 

i- 

(M 

pp~ i 

•0BB9d spqenjj 

OOO • • O -h .1—0 ht . 

i— ci • *or- • co co • ci • 

rH • it- - » CM • CO i 

1, 100 

. CC O • O • • » . O J" • 

i d irj • i'- • • • • • o io • 

•^B9qAv 8[9qsnfj T_l 84 ; r : ; C ® I 

& i 

(M 

•pOOAV Sp.I0£) 

o ci o r-oi go go o t- hp <m r- 

cimco oooi— *—'ciTpcoc© o 

Ot CO 00 CO CX rH O* 

^ ; 
CO 

of 

•sorppBO.qiB’j 

OOt- 00C50 0 0~0 • 

OC5 1- • 

1-C500 Cl OPTC^OO* 

©f r-5 r-~ hjT cf cd* • 

rH 

Cl 

00 1 

r 

CO 

uoo«a 

0-0 O PT o 

0*0 OOO • • 1 • 

O • 00 O 05 £1 < • • • 

• O hp n • * • 

• • • • t 

• I • • • 

1 1 • • • 

: 

o 

of 

rH 

•690}B}od sjaqana; 

O O O • lO CO i- QC H* C) ^ CO 

0 1-0 • (M O O Cl C5 00 1- o 

O rH o '0r-0C*C5000 

• lO ri H CO rH rH 

17, 029 

•uoii spnnOtj 

OOO OOOOOOOOO 

O O rp OOOrHOOCOOOO 

Hp t- CO 

O rH t-H t-H ri ri 

_ 

17, 800 

•sSbj spnno<j 

OOO OOOOOOOOO 

ooo oi-ouooc*ooo 

00 CO <M OQOCCOOOCOOC5 1- 

o 

CO 

j 

•S9A^4g 

• O o o • o • o o • 

• O o O • HP • & o • 

• O O o • O • Pp o • 

• O •'3' o’ • ni ■ r-i 'M • 

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i 

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in 

HP 

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t- 

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O O • O • • o o o o 

O O • o • • O O CM o 

CM O • O • • O o CM O 

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rH • O • ' 1— CO 

. - . 


m 

CM | 

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•joqunq ^99,1 

c~pi « • . • CC • O 

O'* • • i O • O O 

115 > i * « i o • O O 

rfT • • • * • O • O C5 

(M • • • ' 'W 'H . 

20, 000 

O 

o 

to 

pp~ i 

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j 

•ujoo siaqsna 

O O 'O 00 C5 'M O f— O O O 

Qfj rH 1— OOOClOOClClPf 

1-C5 0O C5CCOOO "-Pt- 

r-T cT oo" O Ift CO" o' Tp" r- 

rH rH m rH rH 

3, 223 

96,010 

o i/; o <m ® ® © .to 

ini'® —. rj. o ir. . ao c» 

•ISO T «o oo in «in — 

1 w " 

200 

8, 416 

! 

i 

•S910^8 fBABU SpJJBa 

o o • • o • o • • 

CO CM • oi • t- • to • • 

■ • • • i 

i • • * • 

• » • • • 


210 

I 

i——--—- 

•qsg B[9JXBg; 

oo — o o«~*ooo . o 

OOO CO CM GO — <— • rH 

COnCI CMrnrH(MCO • 

r-T rn" • 

68 1 

Cl 

Cl 

co" 

-—--- 

•TIO^OO S9XBg[ 

(MOS; O O CO O CT. O r-l 

ac 1 »o i" io o> r- <30 cm i-i 

CM CO CM 1-. 

09 

1,398 

Year and 
month. 

1874. 

October. 

November ... 
December 

1875. 

January. 

February .... 

March. 

April. . . 

May. 

June. 

July. 

A n cm at, 

September... 

Total.... 


/ 

































































































































Outward receipts through the Dismal Swamp Canal for the fiscal year ending September 30, 187;"). 


44 


DISMAL SWAMP CANAL. 


•e.taSuassBj 

CD -m QO(MOOOC^OCt^J*'<1 4 

CO "00 

r-1 • piHHHH T—1 rH rH 

1,545 

•nooeq epnnoj 

o • O OOOOOOOO^O 

o ■ o (i)ooooomoo 

t- .O t-115 (O QC in w f -0 0 

Co" • ©f CO* nHH« CO 

23, 470 

'[BOO SUOJj 

1C • 0 00tO0*4O'M(Mt'-COO5 

ZO • CO 'T O H CO rH 

461 

•[tO 8[OJJB[[ 

otto (omctoxmtoaooi 

at i-l Mtoiirtn COHH 

267 

•^Bq SO[Bg; 

0 TT GO •OCO(N^ •000 4'- 

QO HJ« • r-H rH • rH O rH 

—H 

CO 

<M 

•oot 8HO.X, 

• • • • lO rH 00 • • • 

-r 

05 

•J[B8 8[0qSU[I 

O .0 0000000*0 CO 

cm • 0 0 to 0 0 *0 ■** r* to —* 

-?< It- CO 0 0 TJ» 0 Cl CO 00 t- 

CO CO CM rH 

14,204 

•)[B8 SqOBg 

iTj’sDX O O GO *M -r — 1.0 t- 40 

O CO rf O — 05 4- 00 <M <M rH nr 

S 1 

e* 

! 

oiiboS suoj, 

co • rr <M f- CO rr c* Ci t- • 

• rH <M rH • • 

H* 

05 

•uo.u spniio,! 

ouno ooo..; ooooo 

o © -<roo<— iooot-© 

o —> ->r Hac®®iOO®o 

-h" »-T -t” ou to in r-T co" >—T 

*H T—1 

60, 060 

•OOp ‘9Ult[ 8q8B3 

<M 4T5 00 »«0 4.0 -r O* CO X t- O X) 

4- rr GOOCt'-rHCO'^ 1 

rH T-H 

710 

•9JBA1 80JB.I3 

-co coco'-rot-rHCOuO-H 

• rH — rH 

<M 

00 

•S[IBU S§93_ 

OOCM 00—»X<-CCtfit-if5(- 

CO CM ''TOOttCMCO rH H 

© 

CO 

•)99j oiqno ‘oetpuBqo.iop^ 

OOC! ooooooooo 

4— GO 40 C l- CO GO CO Of iO GO (M 

QO—O -r i- (M o co -r lo 

rH W HHH 

3 1 

j 

H 

•oooBqoj 89xog 

CMOCCO COOiOCt'.XhO 

CM rH COiOi-COrrCM^CMco 

00 

00 

•OTp ‘89[[)UB0 ‘dBOS 89XOJI 

lOCOO 000000*00 (MO 

00 CO CM OU CO CO CO CM t— O t— OO 

(M rH ^ CO 40 CO ^ rH ^ 

. 

CO 

(M 

CO 

co" 

C (- 1- 00 O ;< G Ci (i'( v 

*0?p *e^Bq 89X0g; 50 ^ t- Cl t- CO rH rH CO 

i- 

t— 

CO 

• •aOjqOO 8[9JJB<I 

co to <M cor-C4co-roo-ro»o 

CO rH CO H ^ CO Cl n (N H Cl 

(M 

00 

<M 

•JBStlS 8[9JJBg[ 

O Cl Cl X ic H H CO Cl CD C-. - 

^ rH HT CO rH (M CO rn CO r-t CM 

299 

•squids 8[oj.iBa; 

»o co »o a^dx ocooico) 

<M rH n^-^O^COCOCOH 

376 

•8888B[Oni S[9.IJBg; 

C Cl S’ OCl-tOOXt-ClfCX) 

TH Cl Cl Cl ri Tr 40 (M CM 

O* 

CO 

(M 

•qsp 8[9JJBJ[ 

0 40 0 cc Cl 40 CO rH ic t- O GO 

(M rH CO rH <M th rH 

CM 

40 

rH 

•JUOp 8[9.IJB{J 

C-ro 0 0 40 000000 

O to Oj O — CM CO OU o »o O 00 

<M nt* co r- co Ht« co cc co ^ 

[ 1 

CO 

co 

1 -T 

r 

o co ir. co oo ^ co • (Mr- 

rH • t—‘ • • 

M99q puB .i9pto s[9.u;Ba; , ; ; ; 

i • : : 

95 

I OOCQO 'thOXtC- J C»OTl 

_ CO (N 

‘^JOd pnB J99q S[9J.IBg[ i 

! 

396 

•BJOqOBJO pits 89qB0 S[9JJB[q 

0*^0 00>TT40CMt-QQCMO 

Tf< CO co Cl H Cl O rn <M 

1- 

(M 

Year and 
month. 

1874. 

October. 

November ... 
December ... 

1875. 

January . 

February .... 

March. 

April. 

May. 

June. 

July. 

August. 

September... 

Total.... 




. W. GARY, Collector. 








































































































DISMAL SWAMP CANAL. 


45 


Table C. 


Report of the number and class of vessels passed through the Dismal Swamp Canal for the 
fiscal year ending 30th September, 1875. 


Year and montli. 

Steamers. 

Schooners. 

Sloops. 

Lighters. | 

Boats. 

Rafts. 

Total. 

1874. 








October . 

13 

15 

1 

44 

2 

3 

78 

November.. 


9 

1 

52 


4 

66 

December. . 

9 

6 

2 

72 

o 


92 

1875. 








January. . 

25 

13 

2 

82 1 


2 

124 

February . 

21 

8 


67 

1 

1 

98 

March. 

29 

23 


93 



145 

April.. 

25 

30 

1 

83 

12 

2 

153 


24 

18 


73 

o 

1 

118 

June. 

13 

8 

3 

41 


2 

67 

July. 

26 

18 

7 

47 

6 

4 

108 

August. 

24 

9 


33 

1 

1 

68 

September. 

24 

9 


39 


1 

73 


233 

166 

17 

726 

26 

22 

1,190 

North. 

108 

90 

14 

652 

13 

22 

899 

South . 

125 

76 

3 

74 

13 


201 

Total. 

233 

166 

17 

726 

26 

22 

1,190 


S. W. GARY, Collector. 


Annual report of the president and directors to the stockholders of the Dis¬ 
mal Swamp Canal Company, for the fiscal year ending September 30, 


1876. 


REPORT OF EXAMINING COMMITTEE. 

To the stockholders of the Dismal Swamp Canal Company: 

Gentlemen: The undersigned committee appointed to examine the 
condition of your canal, and the books of the treasurer, have to report 
that they have compared the books and vouchers for all expenditures 
and find the same correct. 

On the first instant we went in company with the president and others 
up the canal as far as Deep Creek, and found things in working order 
but for an unfortunate giving way of the foundation of the large dam at 
Deep Creek, which requires extensive repairs. The gates at Culpeper 
locks are also undergoing repairs, necessitated by natural change and 
decay. The condition of the Deep Creek dam is the result of original 
faulty construction. 

Yery respectfully, your obedient servants, 

B. P. LOYALL. 
GEORGE NEWTON. 



























































46 


DISMAL SWAMP CANAL. 


PRESIDENT’S REPORT. 

Office Dismal Swamp Canal Company, 

Norfolk, Va ., November 1, 1870. 

To the stockholders of the Dismal Sic amp Canal Company: 

Gentlemen : On behalf of your board of directors, I have the honor 
to submit the following report of the condition of the company for the 
fiscal year which ended on the 30th September last. 

Table A.—Finance. 

Table B.—Receipts, inward and outward. 

Table C.—Number and class of vessels passing through the canal. 

It is a matter of grave regret that I am unable to present an improved 
condition of your finances. 

There has been no improvement in the general depression of business, 
and being confined almost entirely to local trade (in consequence of the 
width and depth of the canal), our revenue has declined a few hundred 
dollars from that of the preceding year, 1875. 

The revenue from the canal for six years, three years prior and three 
years subsequent to the war, was about $13,000 annually. During the 
five years of our management it has averaged say $10,800 per year 
Income for 1875 was $11,187; for 1876, $10,084; less by $500 than 
1875. We have paid interest to the bondholders amounting to $48,000, 
and the expenses, inclusive of repairs and improvements, have cost 
about $35,000, or $7,000 per year. 

Improvements, repairs, and expenses for the year 1875 was $8,500, 
which was reduced for the year 1870 to $0,000, expending less by $2,500 
for the year. 

In my last report I stated that about $25,000 was requisite for the 
annual conduct of the work. About $7,500 for improvements, repairs, 
and expenses, and about $17,500 was required to meet the coupon and 
certificate interest upon the bonds issued and money received for the 
same, and expended ere our connection with the work; but for this 
debt, the contraction of which has not added a single facility to the 
canal, we could, notwithstanding the depressed condition of affairs, con¬ 
duct the same with profit to the stockholders. 

Prior to 1860 and the completion of the Albemarle and Chesapeake 
Canal, under the supervision of the Hon. Marshall Parks, this company 
realized yearly from thirty to forty thousand dollars, and had a differ¬ 
ent policy prevailed at an earlier day, which was demanded by the 
increased trade with North Carolina, and a subscription have been 
obtained from the State (whose citizens in their private or corporate 
capacity had never contributed one dollar) which would have widened 
and deepened the Dismal Swamp Canal, the work to day would have 
met all the requirements of trade, and the investment have proved a 
paying one. But the wisdom of the past prevailed, and the consequence 
was a rival work was built of enlarged dimensions, which controlled the 
through trade, and confined us to the trade on our banks and between 
our north and south locks. 

This difficulty we had hoped to overcome by aid which we had some 
right to expect from the Congress of the United States, as the govern¬ 
ment owns two-fifths of the work, and was our expectation at the time 
of our first connection with the same. Repeated efforts have been made 
in that direction, but only to result in disappointment. We feel privi¬ 
leged to say that no management, in our opinion, would have produced 
results differing from the present. 

The bondholders, to whom we have addressed ourselves at various 


DISMAL SWAMP CANAL. 


47 


times, have shown commendable liberality, and have expressed a will¬ 
ingness to pass one coupon, but the difficulty only increases, and its 
only practical, or profitable solution for the stockholders, is to be found 
in an increased business in the future. 

The debt of the company is thus stated : 

First-mortgage 8 per cent, coupon bonds. $200,000 00 

Founded interest-certificates. 24,000 00 

We only paid one-half of the January, 1876, coupons.' $4, 6o5' 00 " 

And there is now due on that interest (coupons marked half- 

Paid)..$4,000 00 

Less cash held against the same. 600 00 

- 3,400 00 

Coupon-interest due July,1876 . 8,000 00 

Total. 235,400 00 

Before closing this report, you will permit me to call your attention 
to the present condition of the work. 

Bridge over Turner Cut 

Required and received during the year full repairs. 

Locks at South Milts 

Are in good condition; new middle gates are required here, and the 
northern gates are much worn, but may be further used by sheathing; 
these repairs are now required. 

This level is in a fair condition, the banks and the road having re¬ 
ceived considerable repairs. 


Culpeper level. 

This level is in very good condition, but a leak has developed itself 
in the miter-sill at these locks, of such magnitude as to necessitate the 
calling together of the directors on the 14th September, who ordered 
that navigation be suspended, a dam constructed, and the work repaired 
at once if practicable, but the gale which prevailed a few days thereafter 
prevented, as the water was increased sufficiently to sustain navigation. 
This work becomes a necessity as early as possible, as the leak is of 
such character as to reduce the water twelve inches in twenty-four 
hours. 

Northwest lochs. 

This level and locks are in good condition. 

Beep Creek level. 

This level is in a fair condition. The locks have been recently re¬ 
paired and also the gates. The waste at Deep Creek has given way, 
but the water is held for the present by a pen or dam. 

During the September gale, the dam across the basin at Deep Creek 
was carried away. This caused a temporary suspension of navigation. 
I have had a permanent earth-dam thrown across, which holds the water, 
but this will necessitate the wasting through the lo*ks at Gilmerton. 
A difficulty here presents itself. The foundation upon which rests the 
stone miter-sill at the outer gate has been undermined, and will very 
speedily require a coffer dam to be made inside and outside the locks. 










48 


DISMAL SWAMP CANAL 


Thirty clays will perhaps suffice to do this work, but its cost will reach 
live or six huudred dollars. 

December 27, 1876. 

Since the writing of this report, not submitted at the time in conse¬ 
quence of no quorum until the annexed date, 1 have been compelled 
to repair the work at Culpeper level, as the leak so increased at the 
lock as to reduce the water sufficiently in twenty-four hours to suspend 
navigation. All the water was removed from the level, and the substi¬ 
tution of new miter-sill, new doors, &c. A complete repair at this point, 
which thus far effectually reduced the leak, but requiring some three 
weeks, and at the additional expense of the loss of revenue for the time. 

It further became necessary to complete the repairs at the dam. I 
have been delayed in the matter by the weather, but expect to finish 
the same in the course of ten days, good weather and low tides prevail¬ 
ing. 

I am convinced at this writing that the work mentioned at the Gil- 
merton locks will become an immediate charge upon the company, as 
the upper gate now requires the force of eight men to open the same, in 
consequence of the loss of water by the leak and the consequent defi¬ 
ciency of the same in the chamber, which is reduced below the level of 
the canal. 

I will conclude this report by again asserting that the usual business 
upon the canal is absolutely necessary to produce sufficient revenue to 
pay interest, expenses, and repairs. 

All of which is respectfully submitted. 

W. B. ROGERS, President. 


Table A.— Finance . 


This table exhibits the condition of the books prior to, and after ba - 
ance for the year ending September 30, 1876. 

Condition of the boohs prior to balance. 


Cost of property. $486,000 00 

Profit and loss account. 116,875 82 

Revenue account. 535 60 

Interest on funded debt. 4, 041 95 

Enlargement and repairs.... 104,262 03 

Repair account. 2,076 97 

Expense account. 4,068 31 

Certificate interest account.. 1,447 20 

Cash. 612 52 


719,920 40 


Capital stock. $486,000 00 

Revenue account. 11,219 73 

Bills payable (ante bellum).. 21,811 77 
Leroy G. Edwards, 8 per cent. 

coupon bonds. 888 90 

Mortgage, 87 conpon bonds.. 200,000 00 


719,920 40 


Condition of boohs after balance , September 30, 1876. 


Co3t of property. $486, 000 00 

Profit and loss account. 117,826 12 

Enlargement and repairs.... 104,262 03 
Cash. 612 55 


708,700 67 


Capital stock. $486,000 00 

Bills payable (ante bellum).. 21,811 77 

8 per cent, mortgage coupon 

bonds. 200,000 00 

Leroy G. Edwards. 888 90 


708,700 67 


JOHN E. DOYLE, 

Treasurer. 






















- Table B. 

Inward receipts through Dismal Swamp Canal for the fiscal gear ending September 30, 1976. 




DISMAL SWAMP CANAL. 


49 


•saaSaassuj 

o o to 0 0 10 0 0 0 0 * 0*0 

O. *0 O C.M 00 Cl tO 00 »0 O l— O 

rH —< <71 h d 77 W H h 

2, 026 

•sqonqs Bapj^p : : : «® :g : 

O to • 

^ CM • 

o 

CM 

\I9qtaiX 

o/o o • o O O O 

OO O • O go O O 

ooo • I'* o o o 

to* 00 s • of co~ tf 

500 

1, 200 

900 

O 

rr 

CM 

cT 

70 


ooo ooooooooo 

ooo ooooooooo 

OOO O O O O O O O 0* ■**! 

cf to o’" in of of ao'&'r-T 

r-1 rH H H cfl oi H rH 

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o 

co 

CO 

CO 

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o • • • o « • o 

o • • »o • • o 

rH • . 1 o • ■ O 

• • . Iff • • CO* 


• * 

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. . 

o 

o 

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70 

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to 

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O to to O « O • • 

lO CM CM -h • rH • • 

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O 

70 

rH 

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'Ttc^ r-cir-oo«i-^(M 

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to 

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O 00 O O .OOO O' ooo 

O O. • -H GO O 05 *7 GO CO 

of * rf o' r-T 

: ^ 

o | 

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« | 

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OOO O o o • • 

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t- of r-T rf 1 . 

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§ 

o 

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rH 

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CM CM 00 H^0ClGD(M0 77rr 

H rH CM *— 1 * 

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to I 

70 

to¬ 

rn 

•uoji epnnoj 

OOO 0*00000 ooo 

o o t- or-ooor-ooo 

O-HO tOCMO^OOOOi-O 

ccT —r r-T 

to 

P- 

rH 

of 

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‘ 

ooo OOO to O to ooo 

OOO OOOt-Oi-OOf'- 

C5 £- 77 CM'TtOCMO’T't'-TrrH 

to 

t— 

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to* 

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• O O • o • o o o 

•S0Ai?;g s ;°o . 10*000 

• o' acT • of • oo to 

• • • r - 1 

4,000 

500 

o ; 
o 

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10 i 

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• o • ooo • o 

• o • 0 0 0*0 

• cf • CD of 1-“ • T*<~ 

• T-H * rl H H • 


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CIP O 

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O 1 

o 1 

S3 ! 

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o»o • • o • o 

0*0 • • o • o 

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cf * rf • * • r-T 

rH • ... 


i 15,000 
4, OOO 

o 

o 

rj* 

r-** 

CO 

"UJOO B[ 3 q«ll{I 

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ooo ooooooooo 

tcooo ooooooooo 

rH o“ cf CO o' of ~f cf cf r-T 

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o 

o 

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O • CM .0*000 


to 

Cl 

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rf*" 

• 69 JO^S {BABU 8 [ 0 JJBa 

lO -h O ^*<70 *0*0 

rH rH O • l- O 


CO 

CO 

CM 

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r-T rf 

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to 

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O tO O 0 0 0*0000 

IQP-C5 CM O 00 t- ^ rH 

▼H rH 

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• 

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to 

00 

i- 

Tear and month. 

1875. 

October.. 

November.. 

December. 

1376. 

January . 

February . 

March. 

April. 

May.. 

•Tinift _ 

1 > 
d 

~ —•/ .- 

August. 

Sept mber. 

Total. 


H. Ex. 19-4 


6 


t* 

Pi 

< 


* 

wi 


o5 

a 


co 


<L 

a 


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nn 

cS 

*> 

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fz5 


















































































































Table B— Continued. 

Outward receipts through Dismal Swamp Canal for the fiscal year ending September 30, 1870. 


50 


DISMAL SWAMP CANAL. 


•BJ9§U9B8B«J | 

O O (M co 000*000010 1 

00 -M O^riOCh'TOOM 

r-i H H H Ct M 71 

tH 

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IO CO O Cl t (N Oi *T. GO CM 00 O 

th r-T to rH of O* 1H 

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l'* 

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• • • . <M rH • 

CO 

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t- th —; CO (M oj CO —* ^ 

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rH r-l 

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DISMAL SWAMP CANAL, 


51 


Table C. 

Report of the number and class of vessels passed through the Dismal Swamp Canal for the 
fiscal year ending September 30, 1876. 


Year and month. 

Steamers. 

Schooners. 

Sloops. 

Lighters. 

Boats. 

93 

C3 

Total. 

1875. 








October . 

18 

16 

1 

40 

2 

l 

78 

November. 

22 

30 


43 

1 


69 

December. 

21 

14 

7 

56 

1 


99 

1876. 








J anuary. 

21 

9 

3 

67 



1 100 

February. 

21 

14 

4 

77 

1 

5 

122 

March. . 

28 

35 

6 

80 

3 

3 

! 155 

April. 

34 

37 

8 

96 

8 

7 

190 

May. 

38 

16 

3 

87 

19 


j 168 

dun©.■. 

48 

4 

4 

39 

2 

2 

99 

J uly... 

51 

2 

3 

35 


1 

92 

August. 

50 

4 


20 


2 

76 

September. 

14 

5 


34 


1 

54 


366 

159 

39 

674 

37 

27 

1,302 

North. 

167~ 

101 

26 

587 

21 

24 

926 

South . 

199 

58 

13 

87 

16 

3 

376 

Total. 

366 

159 

39 

674 

37 

27 j 

1,302 


S. W. GARY, Collector. 


Exhibit D. 

[$200 internal-revenue stamp.] 

This deed, made the first day of July, eighteen hundred aud sixty - 
seven, between the Dismal Swamp Canal Company of the one part aud 
Jas. Coonich, Ciucinnatus W. Newton, Win. H. C. Ellis, of the other 
part: 

Whereas by the several acts of the general assemblies of the States of 
Virginia and North Carolina, the one passed on the 6th day of Decem¬ 
ber, 1866, and the other ratified on the 11th day of December, 1806, it 
was provided that it might and should be lawful for said company to 
issue coupon bonds bearing interest at the rate of eight per cent, per 
annum, the principal to be paid at such time and place as might be 
deemed by the company most expedient, and the interest to be paid 
semi-anuually at such place as might be determined on for the payment 
of the principal of such bonds, provided that the whole amount of bonds 
which should be issued under the said several acts shall not exceed the 
sum of two hundred thousand dollars; 

And whereas it was further provided by the said several acts that the 
said company shall be authorized to sell and dispose of the bonds author¬ 
ized by the several acts in such mode and on such terms as they might 
deem advisable, and to give such security for the p.unctual payment of 
the said bonds as they might deem expedient; 

And whereas in pursuance of the said several acts the said company 
have issued the several bonds of even date herewith for the sum of one 
thousand dollars each, numbered respectively from one to two hundred, 
inclusive, amounting in the aggregate to the sum of two hundred thou¬ 
sand dollars, payable twenty years from date thereof, at the National 
Park Bank of New York, bearing interest at the rate of eight per cent, 
per annum, payable semi-annually on the first day of January and July 
















































52 


DISMAL SWAMP CANAL. 


of every year, at the said National Park Bank of New York, the pay¬ 
ment of the principal and iuterest of which said several bonds as and 
when the same shall become due it is the desire and intention of the 
said company fully to secure to the purchasers or holders thereof: 

Now, therefore, this indenture wituesseth that for and in considera¬ 
tion of the premises, and the further consideration of the sura of five 
dollars, the receipt whereof is hereby acknowledged, the said Dismal 
Swamp Canal Company do grant, bargain, sell and convey, with general 
warrantee, unto the said das. Coonich, Cincinnatus W. Newton, and 
William H. C. Ellis, their heirs and assigns forever, all and singular the 
work of internal improvement, the property of said company, known as 
and called by the name of the Dismal Swamp Canal, with all and singu¬ 
lar the lands, the tenements, hereditaments, and appurtenances adjoin¬ 
ing, belonging to or connected with the said canal, or belonging to the 
said company, lying, situated, and being in the county of Norfolk, in the 
State of Virginia, and in the county of Camden, in the State of North 
Carolina. In trust to secure to the purchasers or liolders’of the said 
bonds the payment of the principal and interest thereof, as and when the 
same shall become due, according to the true intent and meaning of the 
said company as hereinbefore declared; and upon this further trust, that 
if at any time hereafter default in the payment of the principal and inter¬ 
est, or any part thereof, of the said several bonds shall be made, the said 
Jas. Coonich, Cincinnatus W. Newton, and William H. C. Ellis, trustees, 
heretofore named, shall, upon the request of any one or more of the holders 
of the said bonds so to do, sell either at public auction or at private sale 
for cash or on reasonable credit, as they may deem most expedient and 
conducive to the interest of the holders of the said bonds, after advertis¬ 
ing the said sale for three months in one or more uewspapers published 
in each of the cities of New York, Philadelphia, Baltimore, Washington, 
and Norfolk, and shall, out of the proceeds of such sale, pay to the sev¬ 
eral holders of the said bonds all accruing interest thereon, and shall so 
provide that the principal thereof shall be immediately paid or so secured 
that no default shall in future be made in the payment of the principal 
or interest of the said several bonds as and when the same shall become 
due, and the balance of such proceeds of sale, if any, shall pay to the 
said company or their assigns. 

In testimony whereof E. C. Robinson, the president, and Thos. B. 
AVest, the treasurer of the said company, by and with the consent of the 
board of directors of the said company, have hereunto set their hands 
and affixed the corporate seal of the said company, the day and year 
first above written. 

[seal] E. 0. ROBINSON, 

President. 

THOS. B. AVEST, 

Treasurer. 


State of Virginia, 

County of Norfolk, to wit: 

I, John T. Hall, a notary public for the city aforesaid, in the State of 
A 7 irginia, do certify that E. C. Robinson and Thomas B. West, whose 
names are signed to the writing above, bearing date on the 1st day of 
July, 1867, have acknowledged the same before me in the city aforesaid. 
Given under ray hand the 1st day of July, 1867. 

JOHN T. HALL, 

Notary Public. 


DISMAL SWAMP CANAL. 


OO 


In the clerk’s office-of Norfolk County court the 1st day of July, 1807, 

at 9.30 o’clock a. m. 

The foregoing deed of trust for the Dismal Swamp Canal Company 
to James Coonich, Cincinuatus W. Newton, and William H. C. Ellis, 
trustees, was admitted to record upon the certificate annexed of John 
T. Hall, a notary public in and for the city of Norfolk, State of Virginia, 
having the necessary two hundred dollars United States internal-revenue 
stamp annexed. 

Test: GRIFFIN T. EDWARDS, 

Clerk of Court. 

Recorded in deed book. From December 9, 18G5, to July 12, 1867. 
In Norfolk County court, at Portsmouth, Va. 


Exhibit E. 

This deed, made the tenth day of February, in the year eighteen hun¬ 
dred and sixty-nine, between the Dismal Swamp Canal Company, of 
the first part, and James Coonich, Cincinuatus W. Newton, and William 
II. C. Ellis, of the second part: 

Whereas, by deed bearing date the first day of July, 1867, of record 
in the clerk’s office of the county court of Norfolk, in the State of Vir¬ 
ginia, and in the office of the public register of the county of Camden, 
in the State of North Carolina, the said parties of the first part did 
grant, bargain, sell, and convey, with general warrantee, unto the said 
parties of the second part, all and singular all the work of internal im¬ 
provement, the property of the said parties of the first part, known as 
and called by the name of the Dismal Swamp Canal, with all and sin¬ 
gular the lands, tenement, hereditaments, franchise, privileges, and 
appurtenances adjoining, belonging to, or conveyed with the said canal, 
or belonging to the said company, by situation and being in the county 
of Norfolk, in the State of Virginia, and in the county of Camden, in 
the State of North Carolina, iu trust, to secure the purchasers anti 
holders of the bonds of said company executed by said company on the 
day of the date of the deed aforesaid the payment of the principal and 
interest of said bonds iu manner and form as by said deed declared; 
and whereas it is desired by the holders of such of said bonds as have 
been issued and by others who wish to become purchasers of said bonds 
for the said company that the deed aforesaid shall be so amended as 
that, in case of default in the payment of the interest or any part thereof 
of the said several bonds, it shall be imperative on the said trustees to 
pay, out of the proceeds of sale of said property, the principal as well 
as the interest of the said bonds to the holders thereof, without delay, 
and when it is manifest that the interest of said company will be pro¬ 
moted by such amendments: 

Now, therefore, this indenture witnesseth that if at any time herein¬ 
after default shall be made in the payment of the interest or any part 
thereof of any of the several bonds, the said trustees shall, and they hereby 
covenant that they will, make sale of all and singular the property and 
appurtenances iu said deed mentioned and described, for cash, after due 
advertisement thereof, as by said deed directed, and out of the proceeds 
of such sale, after the payment of the expenses of said trust, pay immedi¬ 
ately to the holders of said bonds both the principal and interest thereof, 
whether the said principal be then due or yet to become due, and in 


54 


DISMAL SWAMP CANAL. 


case of a deficiency to pay in full the whole amount due or owing on 
said bonds as aforesaid, they shall be paid ratably in proportion to the 
amount owing or unpaid upon the said bonds respectively, without pref¬ 
erence to the holder of any one bond over the other, and the balance of 
such proceeds of sale, if any, shall be paid to the said company, their 
successors or assigns, upon lawful demand being made therefor; and 
the said parties of the second part do hereby accept the trust by these 
presents conferred upon them; and the said parties of the first part, 
for themselves, their successors, and assigns, do hereby covenant and 
agree with said parties of the second part, and their successors in said 
trust, and with all persons and corporations who shall become holders 
of the bonds hereby secured or intended so to be, that the said parties 
of the first, their successors and assigns, shall and will, at any time, 
and from time to time hereafter, upon request made, do, execute, and 
deliver all such further and other acts, deeds, and things as shall be 
reasonably desired or required to effectuate the intention of these pres¬ 
ents, and to assume aud confirm to the said parties of the second part, 
and the survivor or survivors of them, or their successors, all and sin¬ 
gular the property and estate hereinbefore referred to, and to render the 
same available for the security and satisfaction of all and singular the 
said bonds according to the intent and purpose hereinbefore expressed. 

In witness whereof the said parties of the first part have hereunto 
affixed their corporate seals and caused these presents to be signed by 
Thomas I. Corprew, their president ; and the said parties of the second 
part have hereunto set their hands and seals, the day and year first 
above written. 

THOMAS I. CORPREW, President. 

JAMES COONICH. [SEAL.] 

CINCINNATUS W. NEWTON, (seal. 

WILLIAM H. C. ELLIS. [seal. 

State of Virginia, 

City of Norfolk, to wit: 

I, John C. Barker, a notary public for the State and city aforesaid, do 
certify that Thomas I. Corprew, James Coonich, Cincinnatus W. Newton, 
and William H. C. Ellis, whose names are signed to the writing hereto 
annexed, bearing date the 10th day of February, 1869, have acknowl¬ 
edged the same before me in the city aforesaid. 

Given under my hand this 16th dav ofFebruarv, 1S69. 

JOHN C. BAKER, 

Notary Public. 

In the clerk’s office of Norfolk County court the 17th day of Februarv, 

1869. 

This deed was admitted to record upon the certificate of John C. 
Baker, a notary public in and for the city of Norfolk, State of Virginia. 

Teste: G. T. EDWARDS, C. C. 

Recorded deed-book from October 31, 1868, to November 20, 1.869, 
records Norfolk County court, at Portsmouth, Va. 



DISMAL SWAMP CANAL. 


55 


F. 

List of bondholders of the Dismal Swamp Canal Company. 


CO 


11 

3 

3 

3 

3 
2 

4 
27 
15 
10 

8 

7 
10 

5 
15 

5 

3 

5 

2 

1 

1 

2 

3 

24 

2 

2 

2 

1 

5 

3 

1 

2 

8 
1 
1 


Name of holder. 


Estate of W. W. Lamb... 

Andrew S. Martin.. 

George Newton. 

Florence Newton. 

Mary Newton. 

Courtney N. Newton.. 

Estate of J. C. Osgood_ 

Thomas C. Jenkins. 

Thomas Wilson. 

Douglas H. Gordon. 

Johns Hopkins Hospital.. 
Johns Hopkins University 

H. G. Anderdonk. 

Garrett R. Barney. 

J. W. Whitehurst estate.. 

Dr. Wm. Selden. 

R. Manson Smith, trustee. 

Wm. S. Camp. 

Miss Isabel Armstrong.... 
Miss Rebecca Armstrong . 
Miss Adelaide Armstrong. 
Miss Margaret Arbuckle.. 

Richard Dickson--- 

Burness, Son &, Co. 

Capt. H. H. Baker. 

Miss Sallie Tazewell. 

Miss Ella Tazewell. 

Miss M. Z. Waller..*. 

Franklin Savings-Bank. .. 

John Debree. 

C. B. Dufifield, trustee. 

John B. Whitehead. 

John D. Gordon &■ Co- 

Dr. J. L. Harmanson. 

Dr. W. A. Thorn. 


200 


Bonds of $1,000 each=$200,000. 


Residenco. 


Norfolk. 

Do. 

Do. 

Do. 

Do. 

Do. 

New York. 
Baltimore. 
Do. 


Baltimore. 

Do. 

New York. 

United States Navy. 
Norfolk. 

Do. 


Norfolk. 

Do. 

Do. 

Do. 

Eastern Shore, Virginia. 
Norfolk. 

Do. 


Norfolk. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Eastern Shore, Virginia. 


G. 

ACTS OF THE GENERAL ASSEMBLY OF VIRGINIA. OF THE GENERAL AS¬ 
SEMBLY OF NORTH CAROLINA, AND OF THE CONGRESS OF THE UNITED 
STATES, RESPECTING THE DISMAL SWAMP CANAL COMPANY. 

Acts of the general assembly respecting the Dismal Swamp'Canal Compan y 

Chap. I.—An act for cutting a navigable canal from the waters of Elizabeth River, in 
this State, to the waters of Pasquotank River, in the State of North Carolina . 
[Passed December 1, 1787.] 

1. Whereas the cutting of a navigable canal from the waters of Eliza 
beth River, in this State, to the waters of Pasquotank River, in th e 
State of North Carolina, will be of great public utility, and many per¬ 
sons are willing to subscribe large sums of money to effect so beneficial 
a work, and it is just and proper that they, their heirs and assigns, 
should be empowered to receive reasonable tolls, forever, in satisfaction 

















































56 


DISMAL SWAMP CANAL 


for the money advanced by them in carrying the work into execution, 
and the risk they run : Therefore, 

Be it enacted by the general assembly of Virginia , That it shall and may 
be lawful to open books in the towns of Norfolk, Portsmouth, Suffolk, 
Petersburg, Richmond, York, Fredericksburg, and Alexandria, under 
the management of George Kelly, in Norfolk; of John Gowper, in Ports¬ 
mouth ; of Wells Gowper, in Suffolk; of Ghristopher McConnico, in 
Petersburg; of James Heron, in Richmond; of Thomas Nelson, in York; 
of William Lewis, in Fredericksburgh ; and of William Hartshorne, in 
Alexandria; and under the management of such persons and at such 
places in North Carolina as shall be appointed by that State, for receiv¬ 
ing and entering subscriptions to the amount of eighty thousand dollars 
for the said undertaking; which subscriptions shall be made personally 
or by power of attorney, and shall be in Spanish milled dollars, but may 
be paid in other silver or in gold coin of the same value. That the said 
books shall be opened for receiving subscriptions on the first day of May 
next, and continue open until the first day of September next inclusive; 
and, on the nineteenth day of the said month of September, there shall 
be a general meeting of the subscribers at Halifax, in the State of North 
Carolina, of which meeting notice shall be given by the said managers, or 
any three of them, in the gazettes of both the aforesaid States, at least 
one month next before the said meeting, and such meeting shall and 
may be continued from day to day until the business is finished. And 
the acting managers shall, at the time and place aforesaid, lay before 
such of the subscribers as shall meet according to the said notice the 
books by them respectively kept, containing the state of the said sub¬ 
scriptions; and if one-half of the capital sum aforesaid should on ex¬ 
amination appear not to have been subscribed, then the said managers 
are empowered to take and receive subscriptions to make up the defi¬ 
ciency ; and a just and true list of all the subscribers, with the sums 
subscribed by each, shall be made out and returned by the said man¬ 
agers, or any four or more of them, under their hands, into the general 
court of this State, and into such court as the State of North Garolina 
shall direct, to be there recorded. And in case more than eighty thou¬ 
sand dollars shall be subscribed, then the same shall be reduced to that 
sum by the said managers, or a majority of them, by beginning at and 
striking off from the largest subscription or subscriptions, and continu¬ 
ing to strike off a share from all subscriptions, under the largest and 
above one share, until the sum is reduced to the capital aforesaid, of 
eighty thousand dollars, or until a share is taken from all subscriptions 
above one share; and lots shall be drawn between subscribers of equal 
sums to determine the number in which such subscribers shall stand on 
a list to be made for striking off' as aforesaid; and if the sum subscribed 
still exceeds the capital aforesaid, then they shall strike off by the same 
rule until the sum subscribed is reduced to the capital aforesaid, or all 
the subscriptions are reduced to one share; and if there still be an 
excess, then lots shall be drawn to determine the subscribers who are 
to be excluded to reduce the subscriptions to the capital aforesaid; 
which striking off shall be certified in the list aforesaid, and the said 
capital sum shall be reckoned and divided into three hundred and twenty 
shares of two hundred and fifty dollars each, of wdiich every person 
subscribing may take and subscribe for one or more whole shares, and 
not otherwise. 

2. Provided , That unless one-half of said capital shall be subscribed, 
all subscriptions made in consequence of this act shall be void ; and in 
case one-half and less than the w hole of the said capital shall be sub- 


DISMAL SWAMP CANAL. 


57 


scribed as aforesaid, then the president and directors are hereby em¬ 
powered and directed to take and receive the subscriptions which shall 
be first offered, in w^>le shares, as aforesaid, until the deficiency shall 
be made up; a certificate of which additional subscriptions shall be 
made under the hands of the president and directors, or a majority of 
them, for the time being, and returned to and recorded in the courts as 
aforesaid. 

3. And be it enacted , That in case one-half of the said capital, or a 
greater sum, shall be subscribed as aforesaid, the said subscribers, and 
their heirs and assigns, from the time of the said first meeting, shall be, 
and are hereby declared to be, incorporated into a company, by the 
name of the “ Dismal Swamp Canal Company,” and may sue and be 
sued as such ; and such of the said subscribers as shall be present at 
the said meeting, or a majority of them, are hereby empowered and 
required to elect a president and four directors, for conducting the said 
undertaking and managing all the said company’s business and 
concerns, for and during such time, not exceeding three years, as the 
said subscribers, or a majority of them, shall think fit; and in counting 
the votes of all general meetings of the said company, each member 
shall be allowed one vote for every share, as far as ten shares, and one 
vote for every five shares above ten, by him or her held at the time in 
the said company; and any proprietor, by writing under his or her 
hand, executed before two witnesses, may depute any other member or 
proprietor to vote and act as proxy for him or her at any general meet¬ 
ing.* 

4. And be it enacted , That the said president aud directors, so elected, 
and their successors, or a majority of them, assembled, shall have power 
and authority to agreq with any person or persons, on behalf of the said 
company, to cut the said canal and to erect such locks and perforin such 
other works as they shall judge necessary for the navigation of the said 
canal and carrying on the same from place to place and from time to 
time, aud upon such terms and in such manner as they shall think fit; 
and, out of the money arising from the subscriptions and tolls and other 
aids hereafter in this act given, to pay for the same and to repair and 
keep in order the said canal, locks, and other works necessary thereto, 
and to defray all incidental charges; and, also, to appoint a treasurer, 
clerk, and such other officers, toll-gatherers, managers, and servants 
as they shall judge requisite, and to agree for and settle their respective 
wages or allowances, and settle, pass, and sign their accounts; and, also, 
to make and establish rules of proceeding, and transact all the other 
business and concerns of the said company, in and during the intervals 
between the general meetings of the same; and they shall be allowed, 
as a satisfaction for their trouble therein, such sums of money as shall, 
by a general meeting of the subscribers, be determined. 

5. Provided always , That the treasurer shall give bond, iu such pen¬ 
alty and with such security as the said president and directors, or a 
majority of them, shall direct, for the true and faithful discharge of the 
trust reposed in him, and that the allowance to be made to him for his 
services shall not exceed three pounds in the hundred, for the disburse¬ 
ments by him made, and that no officer in the said company shall have 
a vote in the settlement or passing of his own account. 

And be it enacted , That the said president and directors, and their 
successors, or a majority of them, shall have full power and authority, 

* Marked by the president of the company. —The present collector is not a 
stockholder, nor does he consider it necessary that he should be under the acts of Con¬ 
gress making subscriptions to the company. See page 14, top. 



58 


DISMAL SWAMP CANAL. 


from time to time, as money shall be wanting, to make and sign orders 
for that purpose, and direct at what time and in what proportion the 
proprietors shall advance and pay off the sums sub^pbed ; which orders 
shall be advertised at least one month in the North Carolina and Vir¬ 
ginia gazettes; and they are hereby authorized and empowered to de¬ 
mand and receive of the several proprietors, from time to time, the sums 
of money so ordered to be advanced for carrying on and executing, or 
repairing and keeping in order, the said works, until the sums sub¬ 
scribed shall be fully paid; and to order the said sums to be deposited 
in the hands of the treasurer, or be by him disbursed and laid out, as 
the said president and directors, or a majority of them, shall order and 
direct; and, if any of the said proprietors shall refuse or neglect to pay 
their said proportions, within one month after the same so ordered and 
advertised as aforesaid, the said president and directors, or a majority 
of them, may sell at auction and convey to the purchaser the share or 
shares of such proprietor so refusing or neglecting payment, giving at 
least one month’s notice of the sale in the North Carolina and Virginia 
gazettes; and, after retaining the sum due and charges of sale out of 
the money produced thereby, they shall refund and pay the overplus, if 
any, to the former owner; and, if such sale shall not produce the full 
sum ordered and directed to be advanced, as aforesaid, with the inci¬ 
dental charges, the said president and directors, or a majority of them, 
may, in the name of the company, sue for and recover the balance, by 
motion, on ten days’previous notice; and the said purchaser or pur¬ 
chasers shall be subject to the same rules and regulations as if the said 
sale and conveyance had been made by the original proprietor. 

6. And, to continue the succession of the said president and directors, 
and to keep up the same number, Be it enacted , That, from time to time, 
on the expiration of the term for which the said president and directors 
were appointed, the proprietors of the said company, at the next gen¬ 
eral meetiug, shall either continue the said president and directors, or 
any of them, or shall choose others in their stead ; and, in case of the 
death, removal, resignation, or incapacity of the president or any of the 
directors, may and shall, in manner aforesaid, elect any other person or 
persons to be president and directors, in the room of him or them so 
flying, removing, resigning, or becomiug incapable of acting, and may, 
at any of their general meetings, remove the president or any of the 
directors and appoint others, for and during the remainder of the term 
for which such person or persons were at first to have acted. 

7. Andbe it enacted , That every president and director, before he acts 
as such, shall take an oath or affirmation for the due execution of his 
office. 

8*. And be it enacted , That the presence of proprietors having one 
hundred and eighty shares at least shall be necessary to constitute a 
general meeting, and that there be a general meeting of proprietors on 
the first Monday in September in every year, at such convenient town 
as shall, from time to time, be appointed by the said general meeting; 
but, if a sufficient number should not attend on that day, the proprie¬ 
tors who do attend may adjourn such meeting from day to day till a 
general meeting of proprietors shall be had, which may be continued 
trom day to day until the business of thp company is finished; to which 
meeting the president and directors shall make report, and render dis¬ 
tinct and just accounts of all their proceedings, and, on finding them 
fairly and justly stated, the proprietors then present, or a majority of 
them, shall give a certificate thereof, a duplicate of which shall be 
entered on the said company’s books ; and, at such yearly general meet- 


DISMAL SWAMP CANAL. 


59 


ings, after leaving in the hands of the treasurer such sum as the pro¬ 
prietors, or a majority of them, shall judge necessary for repairs and 
contingent charges, an equal dividend of all the net profits arising from 
the tolls hereby granted shall be ordered and made to the proprietors 
of the said company, in proportion to their several shares; and, on any 
emergency, in the interval between the said yearly meetings, the pres¬ 
ident, or a majority of the directors, may appoint a general meeting of 
the proprietors of the company, at any convenient town, giving at least 
one month’s previous notice in the North Carolina aud Virginia gazettes, 
which meeting may be adjourned and continued as aforesaid. 

9. And be it f urther enacted., That, for and in consideration of the ex¬ 
penses the said proprietors will be at, not only in cutting the said canal, 
erecting locks, making causeways, and performing other works necessary 
for this navigation, but in maintaining and keeping the same in repair, 
the said canal, locks, causeways, and other works, with all their profits, 
shall be, and the same are hereby, vested in the said proprietors, their 
heirs and assigns forever, as tenants .in common in proportion to their 
respective shares; and the same shall be deemed real estate, and be 
forever exempt from the payment of any tax, imposition, or assessment 
whatsoever; and it shall and may be lawful for the said president and 
directors, at all times forever hereafter, to demand and receive at some 
convenient place near one of the extremities of the canal, for all com¬ 
modities transported through it, or over the causeways, tolls, according 
to the following table and rates, which shall be in Spanish milled dol¬ 
lars, to wit: 


Parts of a dollar. 

Every pipe or hogshead of wine containing more thau 

sixty-five gallons. ... 30 72nds. 

Every hogshead of rum or other spirits. 24 72nds. 

Every hogshead of tobacco. 24 72nds. 

Every hogshead of molasses. 18 72nds. 

Every butt or hogshead of malt-liquor. 18 72nds. 

Every cask between sixty-five and thirty-five gallons, one- 
half of a pipe or hogshead; every barrel, one-fourth part; 
aud every smaller cask or keg, in proportion, according 
to the quantity aud quality of their contents .. 18 72nds. 

Every dozen of bottled wine. 5 288ths. 

Every dozen of bottled malt-liquor. 4 288ths. 

Every bushel of wheat, pease, beans, rice, or fiax-seed- 3 2S8ths. 

Every bushel of Indian corn, or other grain or salt. 2 288ths. 

Every barrel of pork .. 0 72uds. 

Every barrel of beef. 4 72nds. 

Every barrel of fish or Hour. 3 72nds. 

Every barrel of tar, pitch, turpentine, or rosin. 2 72nds. 

Every cask of linseed-oil, or spirits of turpentine, the same 

as molasses.. .. : . - 2 72nds. 

Every ton of hemp, flax, potash, or bar-iron. ... 3fl 72nds. 

Every ton of pig-iron or castings . 12 72nds. 

Every ton of copper, lead, or other ore, other than iron- 

ore.‘.. 30 72nds. 

Every ton of stone or iron-ore, other than the ballast of 

the vessel. 6 ?2nds. 

Every chaldron of coals. - . 3 72nds. 

Every hundred bushels of lime or of shells . 20 72nds. 

Every thousand of bricks or tiles. 30 72nds. 

Every hundred of pipe staves. . 0 72nds. 























60 


DISMAL SWAMP CANAL. 


Every hundred of hogshead staves, or pipe or hogshead 

heading .... 

Every hundred of barrel-staves or barrel-heading. 

Every thousand shingles, from eighteen to twenty-four 

inches... 

Every thousand of three feet shingles . 

Every thousand clapboards or pales. 

Every cord of fire-wood... 

Every hundred cubic feet of plank, or scantling. 

Every hundred cubic feet of all other timber. 

Every hundred pounds of brown or clayed sugar. 

All other produce, goods, wares, or merchandise, one-fourth 

per centum... 

Every boat or vessel exceeding oue ton burthen, which has 
not commodities on board to yield so much (except an 
empty boat or vessel returning, whose load has already 
paid the toll, in which case she is to repass free of toll) 
Every canoe, boat, or vessel, under one ton burthen, which 
has not commodities on board to yield so much (except 

as in the preceding article excepted). . 

Every man (except foot travellers, who shall pass toll free), 
horse, ox in draught, and wheel passing the causeways 
(except the loads they carry yield so much, or empty 
wagons or carts returning, whose loads have paid the 

toll). 

Every head of black cattle.... 

Every hog. ... 

Every sheep. ... 

Every hundred-weight of indigo. 


4 72nds. 
3 72nds. 

3 72uds. 
0 72nds. 
9 72nds. 
12 72uds. 
40 72uds. 
30 72nds 
3 72nds. 

3 72nds. 


40 72nds. 


18 72uds. 


0 72uds. 
3 72nds. 

1 72nd. 

2 288ths. 
12 72nds. 


10. All produce, goods, wares, or merchandise, passing the causeways, 
shall be subject to the same toll as goods passing through the canal, but 
which tolls, though chargeable in Spanish milled dollars, may be paid 
in other silver, or in gold coin of the same value. And, in case of re¬ 
fusal to pay the tolls at the time of offering to pass the place aforesaid, 
and previous to passing the same, the collector of the said tolls may 
lawfully refuse passage to whatever refuses payment; and if any ves¬ 
sel, wagon, or cart shall pass without paying the toll, then the said 
collector may seize such vessel, wagon, or cart, wherever found, and sell 
the same at auction for ready money, which, so far as is necessary, shall 
be applied towards paying the said toll, and all expenses of seizure and 
sale, and the balance, if any, shall be paid to the owner; and the per¬ 
son having the direction of such vessel, wagon, or cart shall be liable 
for such toll, if the same is not paid by the sale as aforesaid : Provided , 
That the said proprietors, or a majority of them, holding at least one 
hundred and eighty shares, shall have full power and authority, at any 
general meeting, to lessen the said tolls, or any of them, or to deter¬ 
mine that any article may pass free of toll. 

11. And be it enacted ,That the said canal and works, to be erected 
thereon in virtue of this act, and the causeways, when completed, shall 
forever hereafter be esteemed and taken as public highways, free for 
the transportation of all goods, wares, commodities, or produce what¬ 
soever, and for traveling, on payment of the tolls imposed by this act; 
and no other toll or tax whatever, for the use of the water of the said 
canal and the works thereon erected, or the causeways, shall at any 
time hereafter be imposed by both or either of the said States ; subject, 


















DISMAL SWAMP CANAL. 


61 


nevertheless, to such regulations as the legislature of the said States 
may concur in, to prevent the importation of prohibited goods, or to 
prevent fraud in evading the payment of duties imposed in both or 
either of the said States on goods imported into either of them. 

12. And whereas it is necessary for the making of the said canal, 
locks, causeways, and other works, that a provision should be made for 
condemning a quantity of land for the purpose : 

13. Be it enacted , That it shall and may be lawful for the said presi¬ 
dent and directors, or a majority of them, to agree with the owners of 
any land, through which the said canal is intended to pass, for the pur¬ 
chase thereof, and in case of disagreement, or in case the owner thereof 
shall be a feme covert , under age, non compos , or out of the State, on ap¬ 
plication to any two justices of the county in w hich such land shall lie, 
the said justices shall issue their warrant, under their hands to the 
sheriff of their county, to summon a jury of eighteen inhabitants of the 
county, of property and reputation, not related to the parties, nor in 
any manner interested, to meet on the land to be valued, at a day to be 
expressed in the warrant, not less than ten nor more than twenty days 
thereafter; and the sheriff, on receiving the said warrant, shall forth¬ 
with summon the said jury, and, when met, provided that not less than 
twelve do appear, shall administer an oath or affirmation to every jury¬ 
man that shall appear, “That he will fairly, justly, and impartially value 
the land (not exceeding the width of three hundred feet), and all dam¬ 
ages the owner thereof shall sustain by cutting the canal through such 
land, according to the best of his skill and judgment; and that, in such 
valuation, he will not spare any person through favor or affection, nor 
any person grieve through malice, hatred, or ill-will.” And the inquisi¬ 
tion thereon taken shall be signed by the sheriff and some twelve or 
more of the jury and returned bv the sheriff to the clerk of his county, 
to be by him recorded, and on every such valuation the jury is hereby 
directed to describe and ascertain the bounds of the land by them val¬ 
ued, and their valuation shall be conclusive on all persons, and shall be 
paid by the said president and directors to the owner of the land, or his 
legal representatives, and on payment thereof the said company shall 
be seized in fee of such laud, as if conveyed by the owner to them and 
their successors by legal conveyance. 

14. Provided , nevertheless , That if any further damage shall arise to 
.any proprietor of land, in consequence of opening such canal or in erect¬ 
ing such works, than had been before considered and valued, it shall and 
may be lawful for such proprietor, as often as any such new damage 
shall happen, by application to and a warrant from any two justices of 
the county where the lands lie, to have such further damage valued by 
a jury in like manner, and to receive and recover the same of the said 
president and directors. But nothing herein shall be taken or construed 
to entitle the proprietor of any such land to recover compensation for 
any damages which may happen to any mills, or other works, or im¬ 
provements which shall be begun or erected by such proprietor after 
such first valuation, unless the said damage is willfully or maliciously 
done by the said president and directors, or some person by their au¬ 
thority. 

15. And he it enacted , That the said president and directors, or a ma¬ 
jority of them, are hereby authorized to agree with the proprietor or 
proprietors for the purchase of a quantity of laud not exceeding one acre, 
at or near the place of the receipt of tolls aforesaid, for the purpose of 
erecting necessary buildings, and, in case of disagreement, or any of the 
•disabilities aforesaid, or the proprietor being out of the State, then such 


62 


DISMAL SWAMP CANAL. 


land may be valued, condemned, and paid for as aforesaid, and the said 
company shall, on payment of the valuation of the said land, be seized 
thereof in fee-simple as aforesaid. 

16. And whereas it is represented that the waters of the lake in the 
Dismal Swamp, commonly called Drummond’s Pond, may be useful for 
a supply of water to the said canal: 

17. Be it enacted , That the said lake, so far as the waters thereof shall be 
necessary for the purpose aforesaid, shall be, and is hereby, vested in the 
proprietors of the said canal, and it shall and may be lawful for the said 
president and directors, or a majority of them, to open, if they shall find 
it expedient, a cross canal from the lake to the principal canal, for the pur¬ 
pose of drawing from thence a supply of water; and for executing this 
w r ork and keeping it in repair, they shall have the same powers which they 
are authorized to exercise in opening the principal canal. And it shall 
not be lawful for any person whatsoever so to cut off or divert the courses 
of those waters which now flow from the westward into the said lake 
as to prevent their continuing to fall into it. 

18. And whereas some of the places through which it may be neces¬ 
sary to conduct the said canals may be convenient for erecting mills 
and other water works, and the persons possessors of such situations 
may design to improve the same, and it is not the intention of this act 
to interfere with private property but for the purpose of improving and 
perfecting the said navigation. 

19. Be it enacted , That the water, or any part thereof, conveyed through 
the said canals, shall not be used for any purpose but navigation, unless 
there shall be sufficient to answer both the purposes of navigation and 
water works aforesaid, in which case the said president and directors, 
or a majority of them, are hereby empowered and directed to enter into 
reasonable agreements with the proprietors of such situations concern¬ 
ing the just proportion of the expenses of making the canals capable ot 
carrying such quantities of water as may be sufficient for the purposes 
of navigation, and also for any such water works as aforesaid. 

20. And whereas the said canals may be of great utility in affording 
the means of draining the sunken lauds through which they pass: 

21. Be it enacted , That it shall and may be lawful for the proprietors of 
the said adjacent sunken lands to open cross-ditches into the said canals: 
Provided , That these cross-ditches shall not be within less than one 
mile of one another on the same side of the canals, and be covered, 
where they pass through the causeways, with good bridges, of the 
breadth of the causeways, at the expense of the persons cutting them, 
and also be so constructed that the water may be entirely prevented 
passing through them into the canals at any time when this shall be 
necessary. And the works occasioned by these cross-ditches, except 
the bridges, shall be kept in repair at the expense of their proprietors. 

22. And be it enacted , That it shall and may be lawful for every of the 
said proprietors to transfer his share or shares, by deed executed before 
two witnesses, and registered, after proof of the execution thereof, in 
the said company’s books, and not otherwise, except by devise, which 
devise shall also be exhibited to the president and directors, and regis¬ 
tered in the company’s books before the devisee or devisees shall be 
entitled to draw any part of the profits from the said tolls: Provided, 
That no transfer whatsoever shall be made, except for one or more whole 
share or shares, and not for part of such shares, and that no share shall 
at any time be sold, couveyed, transferred, or held in trust for the use 
and benefit or in the name of another, whereby the said president and 
directors, or proprietors of the said company, or any of them, shall or 


DISMAL SWAMP CANAL. 


63 


may be challenged or made to answer concerning any sncli trust $ but 
that every such person, appearing as aforesaid to be a proprietor, shall, 
as to the others of the said company, be to every intent taken absolutely 
as such ; but between any trustee and the person for whose benefit any 
trust shall be created, the common remedy may be pursued. 

23. And whereas it hath been represented that sundry persons are 
willing aud desirous, on account of the public advantage, and also the 
improvement their estates may receive thereby, to promote and contrib¬ 
ute towards so useful an undertaking, and to subscribe sums of money 
to be paid on condition the said works are completed and carried into 
execution, but do not care to run any risk, or desire to have any property 
therein: 

24. Be it therefore enacted, That the said president and directors shall 
be, and are hereby, empowered to receive and take in subscriptions on 
the said conditions, and, on the said works being completed aud carried 
into execution according to the true intent and meaning of this act, 
that it* shall and may be lawful for the said president aud directors, or 
a majority of them, in case of refusal or neglect of payment, in the name 
of the company as aforesaid, to sue for and recover of the said sub¬ 
scribers, their heirs, executors, or administrators, the sums by them 
respectively subscribed by action of debt or on the case in any court of 
record within this State. 

25. And he it enacted , That if the said capital and the other aids 
already granted by this act shall prove insufficient, it shall and may be 
lawful for the said company, from time to time, to increase the said cap¬ 
ital by *the addition of so many more whole shares as shall be judged 
necessary by the said proprietors, or a majority of them, holding at least 
one hundred and eighty shares, present at any general meeting of the 
said company. And the said president aud directors, or a majority of 
them, qre hereby empowered and required, after giving at least one 
month’s notice thereof in the North Carolina and Virginia gazettes, to 
open books at the before-mentioned places, for receiving and entering 
such additional subscriptions, in which the proprietors of the said com¬ 
pany, for the time being, shall and are hereby declared to have the pref¬ 
erence of all others, for the first thirty days after the said books shall 
be opened as aforesaid, of taking and subscribing for so many whole 
shares as any of them shall choose. And the said president and direct¬ 
ors are hereby required to observe, in all other respects, the same rules 
therein as are by this act prescribed for receiving and adjusting the first 
subscriptions, and in like manner to return, under the hands of au} r three 
or more of them, an exact list of such additional subscribers, with the 
sums by them respectively subscribed, into the courts as aforesaid, to 
be there recorded. And all proprietors of such additional sums shall 
aud are hereby declared to be from thenceforward incorporated into the 
said company. 

26. And it is hereby declared and enacted , That the tolls hereinbefore 
allowed to be demanded and received are granted and shall be paid on 
condition only that the said Dismal Swamp Canal Company shall make 
the canal thirty-two feet wide and eight feet in depth below the surface 
of the earth, and capable of being navigated, in dry seasons, by vessels 
drawing three feet water, from Deep Creek, near Tucker’s mill, in Vir¬ 
ginia, to the highest good navigation for vessels of the aforesaid draught 
in Pasquotank River, in North Carolina, with sufficient locks, each of 
ninety feet in length and thirty-two feet in breadth, and capable of con¬ 
veying vessels drawing four feet water at the least, and that each of the 
causeways shall be twenty feet in breadth. 


64 


DISMAL SWAMP CANAL. 


27. And it is hereby enacted and provided , That in case the said com¬ 
pany shall not begin the said work within one year after the company 
shall be formed, or if the said company shall not complete the naviga¬ 
tion and works as aforesaid withiu ten years after the said company 
shall be formed, then shall all interest of the said company and all pref¬ 
erence in their favor, as to the navigation and tolls of the said canals 
and causeways, be forfeited and cease. 

28. And whereas at a meeting of commissioners appointed by the 
States of North Carolina and Virginia to agree on the form of an act 
for cutting the said canal, and for regulating the commerce which may 
be carried on through it between the citizens of the two States, to wit: 
Archibald Maclaine, William M’Kenzie, James Galloway, and John 
Stokes, esqs., on the part of North Carolina, and Robert Andrews and 
John Cowper, esqs., on the part of Virginia, at Fayetteville, in the State 
of North Carolina, on the twelfth day of December, in the year of our 
Lord one thousand seven hundred and eighty-six, the following compact 
was mutually agreed to by the said commissioners: First. The State of 
Virginia agrees that the waters of Elizabeth River from the said caual 
to the mouth thereof, the waters of Hampton Road, and of Ches¬ 
apeake Bay to the capes, and also Roanoke River, wherever it is in 
Virginia, shall be forever considered as a common highway, free for 
the use and navigation of all vessels belonging to the State of North 
Carolina or any of its citizens, and that they shall not be therein 
subject to the payment of any toll or charge whatever imposed for the 
purpose of raising a revenue. Secondly. The State of Virginia agrees 
that no restriction, duty, or impost shall be laid on any commodity 
v T hich is the growth, produce, or manufacture of the State of North 
Carolina, brought through the said canal or over the said causeways, 
for sale or exportation, and that the same may be exported without 
reinspection. Thirdly. The State of Virginia agrees that when any 
imported goods shall, within five months after entry, be exported 
through the said canal or over the said causeways into the State of 
North Carolina, in packages, bales, or casks as imported, the duties 
thereof shall be remitted or repaid, as the case may be, to the exporter, 
on his producing, within six months after the aforesaid entry, the certifi¬ 
cate of the naval officer of the district of North Carolina, into which the 
said canal enters, that the said goods have been entered there. Fourthly. 
The State of North Carolina agrees that the waters of Roanoke River, 
Meherrin, Nottoway, Chowan, Albemarle Sound, as low as the mouth 
of Pasquotank River, and of Pasquotank, from the mouth thereof to the 
said caual, shall be forever considered as a common highway, free for 
the. use and navigation of all vessels belonging to the State of Virginia 
or any of its citizens, and that they shall not be subject therein to the 
payment of any toll or charge whatever, imposed for the purpose of rais¬ 
ing a revenue. Fifthly. The State of North Carolina agrees that no 
restriction, duty, or impost shall be laid on any commodity which is the 
growth, produce, or manufacture of the State of Virginia, passing through 
the aforesaid waters to the said canal, or brought through the said 
canal, or over the said causeways, for sale or exportation, and that the 
same may be sold or exported without reinspection* In those articles 
where it is expressed that no duty or impost is to be laid for the pur¬ 
pose of raising revenue, it is not to be understood that the imposition 
of tolls for the purpose of improving the navigation of the said waters 
is prevented. Sixthly. The State of Eorth Carolina agrees that when 
any imported goods shall, within five months after entry, be exported 
through the said canal, or over the said causeways, into the State of 


DISMAL SWAMP CANAL. 


65 


Virginia, in packages, bales, or casks, as imported, the duties thereof 
shall be remitted or repaid, as the case may be, to the exporter, on his 
producing, within six months after the aforesaid entry, the certificate 
of the naval officer of Norfolk that the said goods have been entered 
there. Seventhly. Imported goods passing from one part of either of 
the said two States to another part of the same, through any of the 
waters of the other State, shall not be subject to any duty imposed for 
the purpose of raising a revenue. Lastly. The citizens of each of the 
said two States may have the use of the inspections of the other for 
the purpose of reinspectiug any damaged commodities, which have 
passed through the said canal, on paying the price of the labor of re¬ 
inspection and no more. 

29. And whereas this general assembly are of opinion that the said 
compact is made on just and mutual principles for the true interest of 
both governments— 

3b. Be it therefore enacted , That the said compact is hereby approved, 
confirmed, and ratified by the general assembly of the State of Virginia, 
and that every article, clause, matter, and thing therein contained shall 
be obligatory on this State and the citizens thereof, and shall be forever 
faithfully arfd inviolably observed and kept by this government and all 
its citizens, according to the true intent and meaning of the said com¬ 
pact, and the faith and honor of this State are hereby solemnly pledged 
and engaged to the general assembly of the State of North Carolina and 
the government and citizens thereof that this law shall never be repealed 
or altered by the legislature of this State without the consent of the 
State of North Carolina. Every act or part of an act of assembly which 
comes within the purview and meaning of this act shall be, and the same 
is hereby, repealed. This act shall commence and be in force from and 
after the passing of a like act by the general assembly of North Carolina. 


Chap. II.—An act to amend the act entitled “An act for cutting a navigable canal 
from the waters of Elizabeth River, in this State, to the waters of the Pasquotank 
River, in the State of North Carolina.” [Passed November 25, 1790.] 

Be it enacted by the general assembly of Virginia , That the books directed 
to be opened for receiving and entering subscriptions in the towns of 
Norfolk, Portsmouth, Suffolk, Petersburg, Richmond, Fredericksburg, 
and Alexandria, by the act entitled “An act for cutting a navigable canal 
from the waters of Elizabeth River in this State to the waters of Pas¬ 
quotank River in the State of North Carolina,” shall be opened for re¬ 
ceiving subscriptions at the said places, and under the management of 
the persons mentioned in the said recited act, and in the city of Williams¬ 
burg, under the management of Robert Andrews, in the month of May 
next, after the time when this act shall be in force, and continue open 
until the first day of September following; and on the third Thursday 
of the said mouth of September there shall be a general meeting of the 
subscribers at the town of Halifax, in the State of North Carolina, of 
which meting notice shall be given by the said managers, or any three 
of them, in the gazettes of both the aforesaid States, at least one month 
next before the said meeting; and such meeting shall and may be con¬ 
tinued, and the business of it conducted in the manner prescribed for 
the meeting appointed by the said recited act. 

2. And it is hereby declared and enacted that the tolls allowed to be 
demanded and received by the before-recited act,, are granted and shall 
H. Ex. 19-5 



66 


DISMAL SWAMP CANAL. 


be paid on condition only that the said Dismal Swamp Company shall 
make the canal and locks of sufficient width for vessels that are fifteen 
feet broad, and of sufficient depth, to be navigated in dry seasons, by 
vessels drawing three feet water, from Deep Creek, near Tucker’s mill, 
in Virginia, to the highest good navigation, for vessels of the aforesaid 
draught, in Pasquotank River, in North Carolina, and that each of the 
locks shall be ninety feet in length, and the causeways fifteen feet in 
breadth. 

3. And be it further enacted , That every act or part of an act of as¬ 
sembly which comes within the purview and meaning of this act, and 
every part of the before-recited act, concerning the regulation of com¬ 
merce, so far as the same is now vested in the Government of the United 
States, shall be, and the same are hereby, repealed. 

4. And so soon as an act similar to the before-recited act, as amended 
by this act, shall have been passed by the State of North Carolina, the 
before-recited act, as amended by this act, shall be in force, and shall 
never be repealed or altered by the legislature of this State without the 
consent of the State of North Carolina. 


Chap. III.—An act authorizing the treasurer of this commonwealth to subscribe for 

certain shares in the Dismal Swamp Canal Company. [Passed November 21, 1791.] 

1. Be it enacted by the general assembly That the treasurer of this 
commonwealth shall be authorized and directed to subscribe, in behalf 
of the same, to the amount of fifty shares in the Dismal Swamp Canal 
Company, and the money necessary, in consequence of such subscrip¬ 
tion, shall be paid to the order of the president and directors of the 
Dismal Swamp Canal Company, in the same proportion as shall be re¬ 
quired from individual subscribers. 

2. And the treasurer for the time being shall have a right to vote, 
according to such shares, in person, or by proxy, appointed by him, at 
the meetings of the said company, and shall receive the proportion of 
the tolls which shall, from time to time, become due to this State from 
the shares aforesaid. 

3. This act shall commence aud be in force from the passing thereof. 


Chap. IV.—An act altering the time of the annual general meeting of the Dismal 
Swamp Canal Company. [Passed December 22, 1795.] 

1. Be it enacted by the general assembly , That hereafter the annual 
general meeting of the Dismal Swamp Canal Company shall be held 
on the fourth Monday in October, in every year, instead of the first 
Monday in September. 

2. This act shall be in force as soon as an act of a like nature shall 
be passed by the legislature of North Carolina. 


Chap. V.— An act concerning the Dismal Swamp Canal Company. [Passed January 

3, 1799.] ‘ • 

1. Be it enacted by the general assembly , That the treasurer be, and 
he is hereby, authorized and required to subscribe, on behalf of the 
commonwealth, for twenty additional shares in the Dismal Swamp Ca- 





DISMAL SWAMP CANAL. 


67 


nal Company, which shall be held and enjoyed in like manner as the 
shares now held by the commonwealth in the said company; and the 
money, which shall become due for the shares so to be subscribed for, 
shall be paid by the said treasurer out of any money in his hands, on 
a warrant or warrants from the auditor of public accounts, to be issued 
on application of a board of the president and directors of the said 
company. 

2. This act shall commence and be in force from the passing thereof. 


Chap. VI. — An act concerning tlie Dismal Swamp Canal Company. [Passed December 

16, 1800.] 

Whereas it is represented to this general assembly by the Dismal 
Swamp Canal Company that the said company, notwithstanding the 
greatest exertions, may not be able to complete the canal and other 
works undertaken by them, within the time to which they are limited 
by law, and, also, that some alterations may be made in the said works, 
which will be beneficial to the said company and not detrimental to the 
public; and whereas it consisteth with the true policy and dignity of 
States to encourage works of public utility and to favor those engaged 
in the execution of them, so far as it may comport with the general 
good— 

1. Be it enacted , That the further time of five years be allowed to the 
Dismal Swamp Canal Company, to be computed from the nineteenth day 
of September, in the year one thousand eight hundred and one, to com¬ 
plete their canal and other works, in such a manner as to entitle them 
to receive the tolls granted by law. 

2. And be it further enacted, That a causeway or road, of the dimen¬ 
sions prescribed by law, on one bank of the said canal, shall be suffi¬ 
cient until the legislatures of the States of Virginia and North Carolina 
shall see proper to direct a like road or causeway to be made on the 
other bank; any act or part of an act to the contrary notwithstanding. 

3. And whereas it is represented that parts of the said canal and 
works may now be used, by travelers and others, with advantage, and 
it is just that they, who receive the benefit therefrom, should make 
some return for the same : 

Be it enacted , That the said company shall have a right to demand 
and receive from those who may choose to use their causeways or water, 
before the navigation and works shall be completed, a reasonable com¬ 
pensation for the use thereof; the assembly of North Carolina having 
passed an act similar to this. 

4. This act shall commence and be in force from and after the pass¬ 
ing thereof. 


Chap. VII.—Ad act concerning the Dismal Swamp Canal Company. [Passed Janu¬ 
ary 20, 1807.] 

Whereas it has been represented to this general assembly, by the 
Dismal Swamp Canal Company, that the said company, notwithstand¬ 
ing the greatest exertions, will not be able to complete the canal and 
other works undertaken by them within the time to which they are 




68 


DISMAL SWAMP CANAL. 


limited by law; and whereas it consisteth with the true policy of 
States to encourage works of public utility : 

1. Be it enacted by the general assembly , That the further time of six 
years, to be computed from the first day of August, one thousand eight 
hundred and six, be allowed to the Dismal Swamp Canal Company to 
complete their canal and other works, in such a manner as to entitle 
them to receive the tolls granted by law. 

2. This act shall commence and be in force from aud after the pass¬ 
ing thereof. , 


Chap. VIII.— x\.n act concerning the Dismal Swamp Canal Company. [Passed Jan¬ 
uary 23, 1810.] 

1. Be it enacted by the general asse nbly , That, as soon as the consent 
of the assembly of North Carolina shall be obtained, it shall be lawful 
for the president and directors of the Dismal Swamp Caual Company, 
and they are hereby authorized, to demand and receive, in lieu of the 
tolls heretofore allowed by law, tolls according to the following table and 
rates, to wit: . • 

Cents. 


Every pipe of wine. . 

Every hogshead of rum, or other spirit... 

Every hogshead of tobacco.. 

Every hogshead of molasses.. 

Every bushel of wheat, pease, rice, or flaxseed.. 

Every barrel of pork.. 

Every barrel of beef.... 

Every barrel of fish. 

Every barrel of flour. 

Every barrel of tar, pitch, rosin, or turpentine. .. 

Every cask of linseed oil, or spirits of turpentine. 

Every ton of flax, hemp, or potashes. 

Every ton of bar-iron. 

Every ton of pig-iron, or castings. . 

Every ton of stone, or iron ore, other than ballast of the vessel.. 

Every ton of copper, lead, or other ore, other than iron ore. 

Every chaldron of coals.. 

Every hundred bushels of lime, or shells.... 

Every thousand of bricks or tiles.... 

Every hundred of pipe staves..... 

Every hundred of hogshead staves, or pipe or hogshead heading 

Every hundred of barrel staves, or barrel heading. 

Every thousand shingles, from 18 to 24 inches. 

Every thousand shingles, from 24 inches to 3 feet. 

Every thousand clapboards or pales. 

Every cord of fire wood.. 

Every hundred cubic feet of plank, or scantling. 

Every hundred cubic feet of all other timber (excepting masts or 

bowsprits, the length whereof exceeds fifty feet). 

Every hundred cubic feet of masts, or timber, the length whereof 

exceeds fifty feet. 

Every hundred pounds of brown sugar . 

All other produce, goods, or merchandise, one-fourth per centum. 
Every boat, or vessel, exceeding one ton burthen, whether laden 
or empty, if she passes in or out of the outer locks, shall, for the 
entire passage, pay per ton..... 


100 

50 

34 

25 

2 

121 

10 

6i 

10 

H 

25 

150 

50 

50 

8 

42 

10 

50 

42 

20 

124 

8 

18f 

50 

50 

25 

100 

75 

150 

4 


20 
































DISMAL SWAMP CANAL. 


69 


Every boat, or vessel, under live tons burthen, whose employment 
is confined to transportation upon the canal only, without pass¬ 
ing through the locks, which has not commodities on board to 
yield so much (except an empty boat, returning, whose load 
lias already paid, in which case she is to pass free of toll), for 

each trip shall pay.... 75 

Every boat, or vessel, under one ton burthen, which has not com¬ 
modities on board to yield so much. 25 

Every man (except foot travelers, who shall pass free), horse, ox 
in draught, and wheel passing the causeways, except the loads 
they carry yield so much, or empty wagons or carts returning, 

whose load has paid toll... 12J 

Every head of black cattle.... 6J 

Every hog, or sheep. 2 


Provided , That nothing in this act contained shall be so construed as 
to deprive any subsequent legislature of the right to diminish the said 
tolls. 

2. This act shall commence and be in force from and after the passing 
thereof. 


Chap. IX.— An act concerning the Dismal Swamp Canal Company. [Passed Febru¬ 
ary 14, 181(5.] 

Whereas it is represented to this general assembly that the Dismal 
Swamp Canal Company have not been able, from the intervention of 
the late war and other causes, to complete that work within the time 
limited by law; and it being, also, represented that an enlargement of 
the scale of that work to, perhaps, double its present size, and assigning 
to it a correspondent increase of capital to perform it, would, in an emi¬ 
nent degree, add to its national usefulness, both in time of peace and 
in war: 

1. Be it therefore enacted , That the further time of seven years (to be 
computed from the first of January, one thousand eight hundred and 
sixteen) be allowed the Dismal Swamp Canal Company to enlarge and 
complete their canal in the manner hereinafter prescribed. 

2. And be it further enacted , That the present stockholders of the said 
company be required to advance twenty thousand dollars on their pres¬ 
ent capital stock, being an additional twenty per cent, upon his, her, or 
their respective shares in the stock of the said company, payable in such 
installments as the president and directors of the said company, for the 
time being, shall find it necessary to require; and if any of the said pro¬ 
prietors shall refuse or neglect to pay their respective proportions of 
such requisitions, the said president and directors, or a majority of them, 
shall and may sell at auction, and convey to the purchaser, the share or 
shares of such proprietor so refusing or neglecting payment (giving at 
least one month’s notice of such intended sale in the Norfolk newspa¬ 
pers), and after retaining the sum due, and the charges of such sale, out 
of the money produced thereby, they shall refund the overplus, if any, 
to the former owner: Provided , however , That nothing hereiu contained 
shall be construed to authorize the said president and directors to sell 
the share or shares of any person who, at the time, shall be under age, 
non compos, or not residing within this commonwealth; nevertheless, 
it shall be lawful for the said president and directors to withhold the pay¬ 
ment of all dividends of such persons thereafter accruing, and, from 
time to time, to apply the same to the payment of the unsatisfied requi¬ 
sitions until they shall be fully paid, with interest. 








70 


DISMAL SWAMP CANAL. 


3. Be it enacted , That the said canal, when completed, shall, through¬ 
out (except at the locks), be not less in width than forty feet on the 
surface thereof, and of sufficient depth for vessels drawing five feet 
water to navigate it at all seasons; and that, whensoever the present 
locks (which are constructed of wood) shall have become so decayed as 
to make new ones necessary, such new ones, at the out falls at leasts 
shall be constructed of solid and substantial mason-work. 

4. Be it enacted , That the said company be, and that they are hereby, 
authorized to raise, by one or more lotteries, the sum of fifty thousand 
dollars, for the purposes hereinbefore stated, or for any other purpose 
having for its object the extension and improvement of the internal 
navigation between the waters of North Carolina and those of Virginia, 
through the Dismal Swamp Canal, or any cross-cuts leading into it. 

5. And be it further enacted, That if the increase of capital and other 
aids, by this act already granted, be not deemed sufficient to accomplish 
this great public work on the scale comtemplated, it shall and may be 
lawful for the said company still further to increase the capital thereof, 
by the subscription of new stock. 

And the president and directors of the said company, for the time 
being, are hereby authorized and required, whensoever they shall find 
the same necessary, to open books for the subscription of any sum, not 
exceeding sixty thousand dollars, of additional capital stock, to be divided 
into shares, not less than one hundred and twenty-five dollars each; in the 
subscribing to which additional shares, the stockholders of the company, 
for the time being, are hereby declared to have a preference, for the 
first thirty days after the books are opened, but no longer. And all pro¬ 
prietors of such additional sums shall and are hereby declared to be 
from thenceforward incorporated into the said company: Provided , That 
the stockholders of the additional shares, hereby authorized to be sub¬ 
scribed for, shall not be entitled to any dividends thereupon, until six 
months after they shall have paid up the whole amount of their sub¬ 
scriptions, and that the dividends on a share of the new stock shall bear 
the same proportion to the dividends on a share of the old stock, as the 
new share bears to the old share: Provided , also , That in estimating the 
number of votes to be given on the new stock, each sum of such new 
stock equal in amount to a share of the old stock, and not less, shall be 
counted as one share. 

6. Be it enacted , That, if the stockholders, at their next meeting, shall 
X>refer to increase the stock of the company, in lieu of advancing twenty 
per cent, on their present shares, they shall be and are hereby permitted 
to do so. 

7. Be it further enacted , That the fourth section of this act shall be in 
force from and after the passing thereof. 

8. The remaining sections of this act shall be in force so soon as the 
same shall be approved by the stockholders of the said company, at a 
general meeting, and by the legislature of North Carolina. 


Chap. X.—An act authorizing the president and directors of the board of public works 
to subscribe for a part of the stock of the Dismal Swamp Canal Company. [Passed 
February 20 } 1817.] 

1. Be it enacted by the general assembly , That it slyill be lawful for the 
president and directors of the board of public works, and they are hereby 
required, to subscribe, on behalf of the commonwealth, according to 
the terms and provisions of the act entitled “An act to create a fund 



DISMAL SWAMP CANAL. 


71 


for internal improvement,” so many shares of the new stock in the Dis¬ 
mal Swamp Canal Company, authorized by an act of the last legisla¬ 
ture, as will augment the interest of the State in that company to the 
sum of sixty-four thousand dollars.* And the shares thus to be sub¬ 
scribed for on the part of the State shall be paid for in the following 
manner, and at the tollowing periods, to wit : one-third part thereof on 
the first day of August, one thousand eight hundred and seventeen, one- 
third part thereof on the first day of August, one thousand eight hun¬ 
dred and eighteen, and one-third part thereof on the first day of August, 
one thousand eight hundred and nineteen: Provided , That nothing 
herein contained shall place the stock of the State upon any other or 
worse footing, as to dividends, than the stock of individual subscribers. 

2. This act shall be in force from the passing thereof. 


Chap. XI.—Ad act authorizing the Dismal Swamp Canal Company to open a naviga 

ble communication between the canal and the nearest navigable part of the North 

west River, and other purposes. [Passed January 29, 1818.] 

Whereas it is represented to the general assembly that the interests 
of a large portion of the citizens of this State and the State of North 
Carolina would be greatly promoted by cutting a canal to connect 
Northwest River with the Dismal Swamp Canal, or by clearing out 
the said river from its junction with the canal to the highest navi¬ 
gable point; and, moreover, that the commerce of the Dismal Swamp 
Canal, arising from its present sources, together with the probable in¬ 
crease of trade, from the improvements contemplated, make it necessary 
that the president and directors of the said company should have the 
privilege of constructing other outlets, and forming basins and other 
reservoirs, to contain water for the supply of locks and accommodation 
of boats: 

1. Be it therefore enacted , That it shall and may be lawful for the pres¬ 
ident, directors, and company of the Dismal Swamp Canal to clear out 
and render navigable the Northwest River, from its junction with 
their canal to any navigable point of said river, which may by them be 
deemed expedient and best calculated to confer the benefits of good 
navigation, or to cut a canal, connecting the Dismal Swamp Canal with 
the Northwest River, at any point which may be selected by them; 
and, for these purposes, full power and authority is hereby granted to 
acquire and possess by grant, purchase, or condemnation, under a writ 
of ad quod damnum , the land through which the said canal is intended 
to pass; and that, on application to any two justices of the peace of the 
county in which such land shall lie, the said justices shall issue their 
warrant, under their hands and seals, to the sheriff of their county, to 
summon a jury of eighteen inhabitants of his county, of property and 
reputation, not related to the parties, nor in any manner interested, to 
meet on the lands to be valued, on a day to be expressed in the war¬ 
rant, not less than ten nor more than twenty days thereafter; and the 
sheriff, on receiving the said warrant, shall forthwith summon the said 
jury, and, when met, provided that not less than twelve appear, shall 
administer an oath or affirmation to every juryman present, “ that he 

*Note. —In the printed copy of the laws, after the words “ sixty-four thousand dol¬ 
lars,” the following words are added: “over and above the present interest of the 
State in the stock of that company.” The printed copy was compared by Mr. Mun- 
ford, keeper of the rolls, with the roll, and the copy found incorrect, on the 11th 
Mach, 1817. 





72 


DISMAL SWAMP CANAL. 


will fairly, justly, and impartially value the lauds required to be con¬ 
demned, and all damages the owner thereof may sustain by cutting 
the canal through such land, according to the best of his skill and judg¬ 
ment, and that in such valuation he will not spare any person, through 
favor or affection, nor any person grieve through malice, hatred, or ill 
will.” And the inquisition taken thereon shall be signed by the sheriff, 
and some twelve or more of the jury, and returned by the sheriff to the 
clerk of his county, to be by him recorded; and, on every such valua¬ 
tion, the jury is hereby directed to describe and ascertain the bounds 
of the land by them valued, and their valuation shall be conclusive on 
all persons, and shall be paid by the said president, directors, and com¬ 
pany to the owner of the land, or his legal representative or represen¬ 
tatives; and, on payment thereof, the said company shall be seized in 
fee of such land, as if conveyed by the owner to them and their suc¬ 
cessors by legal conveyance. 

2. Be it further enacted , That for and in consideration of the expenses 
the said Dismal Swamp Canal Company may incur, not only in cutting 
the said canal, or clearing out the said river, erecting locks, and per¬ 
forming other works necessary for this navigation, but in maintaining 
and keeping the same in repair, the said canal, locks, causeways, and 
other works, with all their profits, shall be, and the same are hereby, 
vested in the said company, on the same terms and conditions on which 
they hold the Dismal Swamp Canal and its works; and it shall and may 
be lawful for the president, directors, and company of the Dismal 
Swamp Canal to demand and receive, on some place on the canal 
hereby authorized to be cut, or in the Dismal Swamp Canal (of which 
this work is intended to form a part), for all commodities transported 
through this new canal, or over the causeways thereof, tolls after the 
rate of one-third of the amount paid upon the transportation of the like 
commodities through the main or Dismal Swamp Canal. 

3. Be it further enacted , That for the purpose of improving the navi¬ 
gation of the canal and rendering it of greater public utility, it shall be 
lawful for the president and directors of the Dismal Swamp Canal, and 
they are hereby authorized, to construct additional outlets, and to form 
basins and reservoirs, for the supply of the locks and accommodation 
of boats navigating the canal, at any point or place thereof which may 
be selected for that purpose; and that they have power to acquire and 
hold, for the use of the company, such quantity of land as may be found 
to be necessary for these objects, under the same restrictions, and upon 
the same terms and conditions, as are enacted for the acquisition of 
land in the first section of this act. 

4. Be it further enacted , That the Dismal Swamp Canal Company, in . 
their corporate capacity, shall be and are hereby empowered to pre¬ 
scribe the number, the places, and manner of constructing bridges that 
are to cross their canal; to restrain persons from depositing timber and 
lumber upon the roads of the canal, to the obstruction of travelers and 
injury of the embankments thereof; and to make such other regulations 
and by-laws as shall be found necessary to prevent or correct abuses, 
and preserve peace and good order among those who pass on this pub¬ 
lic highway. 

5. Be it further enacted , That in case the president, directors, and com¬ 
pany of the Dismal Swamp Canal shall not, at its next general meeting 
after the passage and confirmation of this law, declare its intention to 
open and improve the navigation of the Northwest Kiver, or to cut a 
canal connecting those waters with the waters of the Dismal Swamp 
Caual, or shall fail within two years thereafter to commence the same, 
in the manner provided for by this act, it shall and may be lawful for 


DISMAL SWAMP CANAL. 


73 


either of these purposes to open books of subscription, in the borough 
of Norfolk, under the superintendence of Swepson Whitehead, William 
C. Holt, Robert B. Taylor, William Cammack, Butler Maury, Miles 
King, and Richard Blow, to raise any sum of money that may be deemed 
requisite, not exceeding fifty thousand dollars, in shares of one hundred 
dollars each ; and, when the subscription shall be completed, there shall 
be a general meeting of the subscribers, on such day and at such place as 
a majority of the said subscribers shall appoint, notice of which meeting 
having been given for three weeks in some newspaper printed in Norfolk. 
If a majority of the shares subscribed for be represented at this general 
meeting, the company shall thenceforth be incorporated and styled 
“The Northwest River Company,” and shall, then and annually there¬ 
after (there being at such subsequent meetings a majority of the 
shares represented), proceed to the choice of a president and four direct¬ 
ors, and such officers, agents, and servants as may be deemed necessary 
for commencing, prosecuting, and conducting said work. 

6. And be it further enacted , That the subscriptions to this company 
shall be made payable at such periods, and in such proportions, as the 
president and directors, or a majority of them, shall direct. And in 
case of the failure of any subscriber or subscribers to comply with the 
orders or requisitions of the said president and directors in this respect, 
the share or shares of him or them so failing may be sold at public 
auction, for ready money (after publishing for ten days, notice of the 
time and place of sale of such share or shares, in some newspaper of 
the borough of Norfolk), and a transfer thereof in fee-simple made to 
the purchaser or purchasers; and if, after the sale of such share or 
shares, there shall still remain a balance due thereon, the same may be 
recovered with costs (upon ten days’ previous notice) of the subscriber 
or subscribers of such share or shares, his or their executors or adminis¬ 
trators. 

7. Be it further enacted , That it shall and may be lawful for the 
Northwest River Company to demand and receive, for the transporta¬ 
tion of any article through its canal, one-third of the price which the 
Dismal Swamp Canal Company might lawfully charge for the transpor¬ 
tation through it of the like article. 

8. And be it further enacted , That the condemnation of land necessary 
for the purposes of this company, the transfer of shares, the appoint¬ 
ment of dirctors, officers, agents, and servants, and all other necessary 
acts and things to be done for the government of the company, shall 
be after the manner and upon the principles of the charter of the Dismal 
Swamp Canal Company. 

9. This act shall commence and be in force from and after the con¬ 
firmation of the same by the legislature of the State of North Carolina. 


Ciiap. XII.—An act authorizing the president and directors of the board of public 
works to loan a sum of money to the Dismal Swamp Canal Company. [Passed 
March 10, 1819.] 

1. Be it enacted by the general assembly , That it shall be lawful for the 
president and directors of the board of public works, at their discre¬ 
tion, to loan, on behalf of the commonwealth, to the Dismal Swamp 
Canal Company, the sum of fifty thousand dollars, or such part thereof 
as their funds will justify, taking into view the claims already on the 
board, and such other public improvements as the legislature may here¬ 
after direct the board of public works to subscribe to. 

2. This act shall be in force from the passing thereof. 



74 DISMAL SWAMP CANAL. 

Chap. XIII.—An act. changing the stock of the Dismal Swamp Canal Company from 
real to personal estate. [Passed February 10, 1820.] 

Whereas it has been represented to this assembly that great incon¬ 
venience has been experienced in the transfer of stock in the Dismal 
Swamp Canal Company, and the price or value of the stock greatly 
diminished by reason of its being considered real estate; for remedy 
whereof, 

1. Be it enacted by the general assembly of the State of Virginia and it 
is hereby enacted by the authority of the same, That the shares of stock in 
the Dismal Swamp Canal Company shall henceforth be deemed, taken, 
and considered, both in law and in equity, as personal estate, and, as 
such, transferable in such manner and form as the president and direct¬ 
ors of the said company shall prescribe : Provided , That this act shall 
not be so construed as to affect the rights of infants already vested. 

2. This act shall be in force from and after the passing thereof. 


Acts of the general assembly of Virginia passed subsequent to February, 
1820, respecting the Dismal Swamp Canal Company, ivith an appendix, 
containing some acts of the State of North Carolina and of the Congress of 
the United States in relation to that company. 

Chap. I.—An act authorizing the president and directors of the hoard of public 
works to loan a sum of money to the Dismal Swamp Canal Company. [Passed Feb¬ 
ruary 26, 1824.] 

Be it enacted by the general assembly, That the president and directors of 
the board of public works shall be authorized to loan, on behalf of the 
Commonwealth, to the Dismal Swamp Canal Company, tlie sum of thirty- 
seven thousand five hundred dollars, payable in five equal semi-annual 
installments; the first to be advanced on the fifteenth day of January, 
eighteen hundred and twenty-five, or so soon thereafter as the state of 
the fund for internal improvement will permit: Provided, Such advance 
do not prevent the board of public works from complying with any 
engagements now existing or authorized, and that the Dismal Swamp 
Canal Company do execute to the president and directors of the board 
of public works, previous to the payment of the first installment, a 
mortgage upon their whole property, real and personal, as well, also, the 
net income of all their tolls and receipts, and cause the same to be re¬ 
corded in the county court of Norfolk County, to secure the payment of 
the same, on or before the first day of January, eighteen hundred and 
thirty; and to pay the interest thereon from the respective periods of 
advancing the same, semi-annually, into the Treasury, to the credit of 
the fund for internal improvement. 

This act shall be in force from the passing thereof. 


Ciiap. II.—An act to authorize the stockholders of the Dismal Swamp Canal Com¬ 
pany to increase their capital stock. [Passed February 10, 1825.] 

Whereas it is represented to this general assembly that the funds- 
provided to complete the Dismal Swamp Canal are inadequate to the 
object; and it is recommended by the board of public works to author¬ 
ize the said company to increase their capital stock, for the purpose of 
obtaining the means necessary to perfect this important improvement. 




DISMAL SWAMP CANAL. 


75 


1. Be it therefore enacted, That it shall be lawful for the president and 
directors of the Dismal Swamp Canal Company to open books for the 
subscription of as many additional shares as will increase the capital 
of the said company to an amount which may be sufficient to complete 
the canal. 

2. Be it further enacted, That the stockholders of the said company, for 
the time being, shall have a preference in the subscription of the new 
stock, by this act authorized to be created, for the first thirty days after 
the books are opened, but no longer. And all proprietors of such addi¬ 
tional shares shall, and are hereby declared to be, from henceforth 
incorporated into the said company, upon the same terms and with the 
like privileges of the original stockholders. 

3. Be it further enacted , That this act shall have no force or effect until 
it shall have been sanctioned and approved by the stockholders in a 
general meeting, convened agreeably to the provisions of the charter 
of the said company, and they shall have decided upon the increase of 
capital necessary to carry the object of,this act into effect. 

4. This act shall be in force from the passing thereof. 


Chap. III. — An act to amend an act entitled “An act for cutting a navigable canal 
from the waters of Elizabeth River, in the State of Virginia, to the waters of Pas¬ 
quotank River, in North Carolina.” [Passed January 7, 1836.] 

Whereas it is represented that the general assembly of the common¬ 
wealth of North Carolina did, at its last session, pass an act entitled 
“An act to amend an act entitled ‘An act for cutting a navigable canal 
from the waters of Elizabeth Eiver, in the State of Virginia, to the 
waters of Pasquotank Eiver, in North Carolina,’” passed in Virginia 
December the first, one thousand seven hundred and eighty-seven, in 
the words following, to wit: 

u l. Be it enacted by the general assembly of the State of North Carolina 
and it is hereby enacted by the authority of the same, That the sixth sec¬ 
tion of the act aforesaid be so altered and amended that, in case of the 
death, removal, resignation, or incapacity of the president or of any of 
the directors, the board of directors may elect one of their own body 
or any stockholder of the company to supply the vacancy thus created, 
and the person so elected shall hold such appointment until the next 
meeting of the stockholders, and no longer. 

“2. Beit farther enacted, That after the next general meeting of the 
stockholders of the Dismal Swamp Canal Company, on the first Monday 
in May next, the next general meeting shall be on the first Monday in 
November, one thousand eight hundred and thirty-six, and continued 
by adjournment, as heretofore, and on the first Monday in November in 
each year afterwards. 

“3. Be it farther enacted, TJiat at the election of president and directors 
of said company which shall take place in May next, the same shall be 
elected until the first Monday in November, one thousand eight hundred 
and thirty-six, when the president and directors shall be elected for one 
year, and so shall be elected on the first Monday of November in each 
year in manner and form as heretofore.” 

1. Be it therefore enacted by the general assembly of this commonwealth, 
That the assent of this legislature in and to the foregoing act of the 
general assembly of North Carolina is hereby as fully and completely 
given as if the said act had been passed by this present general assembly, 
and the same shall be in force within this commonwealth from and after 
the passing of this act. 



76 


DISMAL SWAMP CANAL. 


Chap. IV.—An act to authorize the president and directors of the Dismal Canal Com¬ 
pany to erect a lock and dam in Deep Creek. [Passed February 4, 1837.] 

1. Be it enacted by the general assembly , That it shall be lawful for the 
president and directors of the Dismal Swamp Canal Company to make 
application to the county court of Norfolk County for a writ of ad quod 
damnum , directed to the sheriff of said county, commanding him to sum¬ 
mon twelve freeholders of his county, who, being first sworn, shall locate, 
circumscribe, and value any quantity of land, not exceeding one acre, 
lying on Deep Creek, in said county, at any point below the present 
locks of said company, for the purpose of abutting a dam, to be erected 
by the said president and directors across the said creek, of sufficient 
height to keep the water in said creek at usual higli-water mark, and 
shall also examine the lands above and below the point at which suck 
lock and dam is proposed to be erected, and say what damage will arise 
to the several proprietors thereof; whether any, and if any what, lands 
will be overflowed; whether the health of the neighborhood will be 
injuriously affected, and whether the navigation of Deep Creek above 
and below such lock and dam will be injured ; and upon the fiuding of 
the jury and the return of their inquest, embracing the points of inquiry 
aforesaid, and the payment of all damages by them assessed, the said 
county court of Norfolk (the magistrates of said county having been 
first summoned and a majority thereof being present), may, if it shall 
be of opinion that it is expedient to do so, grant the leave to erect such 
lock and dam: Provided , The same be erected within the period of seven 
years; reserving to any party conceiving himself or herself aggrieved 
by the order of court permitting the erection of said dam the right of 
appeal to the superior court of law and chancery for the said county of 
Norfolk, which shall have the same power to consider the said applica¬ 
tion and to grant or refuse the same as is by this act given to the said 
county court: Provided, however, That nothiug hereiu contained shall 
be so construed as to vest in the said company any right of property 
in the lands or water in said creek above the dam, nor to prohibit to "any 
company or companies hereafter to be incorporated, or to any individual 
or individuals, the use of the w ater above the said dam for mills, manufac¬ 
tories, or canals, or any other purposes which shall not interfere with 
or obstruct the navigation of the canal. And the general assembly 
hereby reserves to itself the right at any time hereafter when it shall 
think proper to do so, to raise the water in the said creek by increasing 
the height of the dam. 

2. Be it further enacted , That if the leave be granted to the said presi¬ 
dent, directors, and company to erect the said lock and dam, they shall 
be, and are hereby, required to erect a good and sufficient lock, of capacity 
and dimensions at least equal to those of the company at the eastern 
and northern termination of their canal, and to cause regular and suffi¬ 
cient attendance to be given thereat at all times to admit the passage 
of all vessels, lighters, and boats navigating Deep Creek free of any 
charge or toll whatever, and should any delay or obstruction at any 
time occur in the passage of any vessel, lighter, or boat through such 
lock, the said president, directors, and company shall forfeit and pay 
the sum of twenty dollars for every time such delay or obstruction shall 
happen, recoverable by warrant in the name of the commonwealth 
before any justice of the peace for the county of Norfolk, one-half of 
which penalty shall go to the prosecutor therefor, and the other half to 
the literary fund; and they shall moreover be liable from time to time to 
private actions or suits for all such damages as shall be sustained by 
reason of the erection of such lock and darn. 


DISMAL SWAMP CANAL. 


77 


3. And be it further enacted , That if, at any time after the erection of 
the lock anil dam hereby authorized, the navigation of Deep Creek in 
the county of Norfolk, above the said lock and dam, shall not, iu all re¬ 
spects and at all times, be as good and sufficient for vessels, lighters, 
and boats, as it now is at ordinary high water, upon complaint thereof, 
made either to the circuit superior court of law' and chancery for the 
county of Norfolk, or to the county court of Norfolk, it shall be lawful 
for such court to enter a rule against the said president, directors, and 
company, to appear at the next court, to show cause, if any they can, 
why an information should not be filed against them, for their neglect 
to provide and secure such navigation; a copy of which rule being 
served upon the president, or any director of the said Dismal Swamp 
Canal Company, the same proceedings shall be had thereupon as in 
other cases; and if, upon the trial of such information, the verdict of 
the jury shall be against them, the court shall render judgment there¬ 
upon, abating the lock and dam hereby authorized to be erected. 

4. This act shall be in force from its passage. 

[Repealed by act of February 2, 1838, ch. 6, sec. 5.] 


Chap. V. — An act to auikorize the Dismal Swamp Canal Company to increase their 
capital stock, and to authorize the loans of the State to said company to be con¬ 
verted into stock. [Passed February 17, 1837.] 

1. Be it enacted by the general assembly , That the president and di¬ 
rectors of the Dismal Swamp Canal Company be and they are hereby 
authorized and empowered, w r ith the assent of a majority of the votes of 
the stockholders of the company, in general meeting expressed, either 
before or after the passage of this act, to increase the capital stock of 
said company to nineteen hundred and forty-four shares; and the pur¬ 
chaser or purchasers, subscriber or subscribers of the shares of said 
stock thus increased, shall have and enjoy all the rights and privileges 
which they w r ould have been entitled to, if the said shares had been a 
part pf the stock authorized in the original charter, or any amendment 
thereof. 

2. Be it further enacted , That the board of public works be and are 
hereby authorized and directed to subscribe, on behalf of the common¬ 
wealth, for such amount of stock of said company as will increase the 
subscription on the part of the State to seven hundred and sixty shares 
of the whole capital increased as aforesaid ; which subscription shall be 
made agreeably to the terms and conditions of the act entitled “An act 
prescribing certain general conditions on which future subscriptions to 
the capital of joint-stock companies shall be made on behalf of the com¬ 
monwealth,” passed February the eleventh, one thousand eight hundred 
and thirty-two. 

3. Be it further enacted , That if the unappropriated income of the fund 
for internal improvement shall be inadequate to meet the payments of 
the said subscription, as the same shall become due, it shall and may be 
lawful for the said board of public w r orks to borrow, from time to time, 
such sum or sums of money as may be required for that purpose, upon 
the terms and conditions prescribed for the loans to be negotiated agree¬ 
ably to the second, third, fourth, fifth, and sixth sections of the act en¬ 
titled “An act authorizing a subscription on behalf of the commonwealth 
to the stock of the Louisa Railroad Company,” passed at the present 
session of the general assembly. 

4. This act shall be in force lrom its passage. 



78 


DISMAL SWAMP CANAL. 


Chap. VI.—An act to authorize the erection of a lock and dam in Deep Creek by the 

president and directors of the Dismal Swamp Canal Company, and for repealing the 

act of the 4th February, 1837. [Passed February 2, 1838. J 

Whereas it has been represented to this present general assembly 
that serious obstructions exist in Deep Creek in the county of Norfolk, 
and are likely to increase, to the great inconvenience and injury of the 
commerce and navigation passing through the Dismal Swamp Canal: 

1. Be it therefore enacted , That the president and directors of the 
Dismal Swamp Canal Company be and they are hereby authorized to 
abut a dam at any place in Deep Creek, below the present locks, 
which shall retain the water, between the said locks and dam to be 
erected at the usual high-water mark, to be ascertained by a compe¬ 
tent engineer to be employed by the company; and, for this purpose, 
it shall and may be lawful for the said president and directors to make 
application to the court of Norfolk County, or to the circuit superior 
court of law and chancery for said county, for a writ of ad quod 
damnum , directed to the sheriff’ of said county, commanding him to 
summon twelve freeholders of his county, who, being first sworn, 
shall locate, circumscribe, and value any quantity of land, necessary for 
the construction of said lock and dam, not exceeding six acres, lying on 
said creek, at any point below the present out-fall locks; and shall also 
examine the mills and lands above and below the point at which such lock 
and dam are proposed to be erected, and say what damages will arise to 
the several proprietors thereof; whether any, and, if any, what lands will 
be overflowed, and whether the navigation of Deep Creek, above and be¬ 
low such lock and dam, will be injured; and, upon the finding of the jury 
and the return of their iuquest embracing the points of inquiry afore¬ 
said, the court may either grant leave to erect such lock and dam, and 
direct the payment of the damages assessed, or may set aside the said 
inquest, and direct another view and inquest to be made as often as the 
court may think necessary. But the said president and directors are 
hereby empowered to proceed at any time to the erection of said lock 
and dam ; and in the mean time no order shall be made and no injunction 
shall be awarded by any court or judge to stay the proceedings of the said 
president and directors, unless it be manifest to the court that th^ said 
president and directors, their officers, agents, or servants, are transcend¬ 
ing their authority, and the interposition of the court is necessary to pre- 
ventinjury thatcannotbe adequately compensated in damages: Provided , 
however , That the said president and directors shall have first applied 
for and obtained the writ of ad quod damnum , according to the provis¬ 
ions of this act: Provided , The said dam be erected within the period of 
seven years from the passage of this act; and also to erect a lock or 
locks of sufficient capacity to receivo*and pass any vessel that can now 
pass through the present locks at the north outfall of the said canal. 

2. Be it further enacted , That, upon the return of such writ of ad quod 
damnum to the court of Norfolk County, it shall and may be lawful for 
either party, that is to say, the owner or owners of the said land, or for 
the said company, to appeal from any decree, order, or judgment which 
the said county court may enter or make in the case to the superior 
court of law and chancery for said county, which is hereby authorized 
to make such order or decree in the case as to the said superior court 
shall appear right and proper. 

3. Be it further enacted, That the lock or locks which the said company 
may cause to be constructed under this act shall be free for all vessels, 
boats, lighters, and rafts of timber to pass and repass, free of any charge 
of toll or tonnage, at all times when it can be safe to open the said lock 


DISMAL SWAMP CANAL. 


79 


or locks; and, if any person or persons shall be detained or hindered in 
passing the same, through any fault or neglect of the said company, 
their agents or servants, the said company shall be liable for all injury 
or damage sustained thereby, to be recovered by warrant, petition, or 
action at law, according to the extent of damage sustained, as the case 
may be. 

4. Be it further enacted , That nothing in this act shall be construed 
as investing any exclusive right in the said company to the water, or 
the land which it may cover, except for the purposes contemplated by 
this act. 

5. Be it further enacted , That the act passed on the fourth day of Feb¬ 
ruary, eighteen hundred and thirty-seven, entitled “An act to authorize 
the president and directors of the Dismal Swamp Canal Company to 
erect a lock and dam in Deep Creek,” shall be, and the same is hereby, 
repealed. 

6. Be it further enacted , That if the aforesaid president and directors 
of the Dismal Swamp Canal Company shall erect the locks and dam 
hereinbefore authorized, they shall not use the waters of the said canal, 
nor permit the same to be used by any other person, nor draw off the 
same, nor permit the same to be drawn off, for the use of mills, or any 
other purpose than that of affording navigation for the boats, vessels, 
or rafts that may be employed in the transportation of commodities on 
said canal. 

7. This act shall be in force from its passage. 


Chaf. VII.—An act to amend and explain certain acts concerning the Dismal Swamp 
Canal Company. [Passed February 9, 1839.J 

Whereas doubts have aiisen as to the true construction of the “Act 
authorizing the Dismal Swamp Canal Company to open a navigable 
communication between the canal and the nearest navigable part of the 
Northwest Kiver, and for other purposes,” passed January the twenty- 
ninth, eighteen hundred and eighteen, for remedy whereof, 

1. Be it enacted by the general assembly , That the said act shall be 
deemed and taken as giving full power and authority to the president 
and directors of the Dismal Swamp Canal Company to make a sufficient 
outlet or canal, from or near the present northern termination of the 
said Dismal Swamp Canal, in Deep Creek, to some place on the South¬ 
ern Branch of Elizabeth Kiver, below the mouth of Deep Creek; and 
that the condemnation of lauds necessary for such purpose shall be made 
in the mauner and upon the priifciples prescribed in the charter of the 
said canal company; and full power and authority are hereby given to 
the president and directors of the company to make the said outlet or 
canal as aforesaid, and to condemn the lands necessary for that purpose 
in manner aforesaid. 

2. And be it further enacted, That the president and directors of the said 
company shall be, and are hereby, authorized and empowered to erect a 
lock or locks, on the said outlet or canal, of sufficient dimensions and 
suitable for vessels navigating the said Dismal Swamp Canal. 

3. And be it further enacted , That the act passed on the second day of 
February, eighteen liuudred and thirty-eight, entitled “An act to au¬ 
thorize the erection of a lock and dam in Deep Creek, by the president 
and directors of the Dismal Swamp Canal Company,” shall be so con¬ 
strued as to leave the erection of said lock to the discretion of the 



80 


DISMAL SWAMP CANAL. 


said president and directors, anything in said act to the contrary not¬ 
withstanding: Provided, however. That the outlet and lock or locks, 
which the said company may cause to be constructed under this act, 
shall be free for all vessels, boats, lighters, and rafts of timber, the 
proprietors of which reside or own lands upon said outlet, or Deep 
Creek, to pass and repass free of any charge of toll or tonnage, at all 
times, when it can be safe to open said lock or locks; and if any such 
vessels, boats, lighters, or rafts of timber shall be detained or hindered 
in passing the same,*through any fault or neglect of said company, their 
agents or servants, the said company shall be liable for all injury or 
damage sustained thereby, to be recovered by warrant, petition, or 
action at law, according to the extent of damage sustained, as the case 
may be. 

4. This act shall be in force from the passing thereof. 


Chap. VIII.— An act to exempt the lock-keepers of the Dismal Swamp Canal from 
militia duty. [Passed March 29, 1839.] 

1. Be it enacted by the general assembly, That the six* lock-keepers of 
the Dismal Swamp Canal Company shall hereafter be exempt from 
militia duty of every kind, except in times of war, insurrection, or inva¬ 
sion. 

2. This act shall be in force from the passing thereof. 


Appendix. 

\ 

Chap. I.—An act to provide for the removal of the obstructions to the passage of 
masted vessels from the Dismal Swamp Canal to Albermarle Sound. [Passed Janu¬ 
ary 8, 1829.] 

Whereas complaint has been made to the general assembly that a 
bridge erected across Pasquotank River, by the counties of Camden and 
Pasquotank, obstructs the passage of masted vessels from the Dismal 
Swamp Canal to the waters of Itoanoke and the other rivers flowing 
into Albermarle Sound. And whereas, in the compact entered into 
with the State of Virginia, the State of North Carolina pledged its faith 
and honor that the waters of Roanoke River, Meherrin, Nottoway, Chow¬ 
an, Albemarle Sound as low down as the mouth of Pasquotank River, 
and of the Pasquotank, from the mouth thereof, to the said canal, should 
be forever considered a common highway, free for the use and naviga¬ 
tion of all vessels belonging to the State of Virginia, or any of its citi¬ 
zens. And whereas it is represented to this general assembly that 
the said counties have been at considerable expense in erecting said 
bridge, and that a draw might be fixed therein, so as to permit the pas¬ 
sage of vessels having masts; and inasmuch as the making of such 
draw, or otherwise alteriug the construction! of said bridge, so as to 
permit the passage of masted vessels, would be for the public benefit, it 
is just and proper that the State should contribute toward the expense 
thereof: 

1. Be it therefore enacted by the general assembly of the State of North 
Carolina, and it is hereby enacted by the authority of the same. That Willie 

* Note.—' There are six lock-keepers in Virginia and two in North Carolina. [See 
Appendix, chap. 2.] 






DISMAL SWAMP CANAL. 


81 


McPherson, George Ferrebee, and Joseph Dozier, of Camden County, 
and William S. Hinton and Noah Sawyer, of Pasquotank, be and they 
are hereby appointed commissioners, whose duty it shall be to examine 
said bridge; and if, in their opinion, a draw can be fixed therein, so as 
not to obstruct the passage of vessels with masts, they, or a majority 
of them, may cause the same to be doue in the best and most economi¬ 
cal manner, by contract or otherwise, and, when accomplished, the said 
commissioners, upon obtaining a certificate from the president of the 
Dismal Swamp Canal Company that the said bridge is so fixed as not 
to obstruct the passage of masted vessels, steamboats, or other vessels, 
are hereby authorized to demand of, and receive from, the public treas¬ 
urer, the sum necessary to pay for such draw or other alteration in said 
bridge: Provided , The same shall not exceed the sum of two hundred 
and fifty dollars; and the public treasurer is hereby authorized and di¬ 
rected to pay the same on presentment of the certificate from the presi¬ 
dent, as aforesaid. 

2. And be it farther enacted , That the said counties of Pasquotank and 
Camden shall, ever hereafter, so long as they may keep the bridge across 
Pasquotank River, as aforesaid, keep a good and sufficient draw in said 
bridge, so as not to obstruct the passage of any vessel, with or without 
masts, iu passing to or from said canal, at the proper cost and charge 
of the counties aforesaid. 

3. And be it farther enacted , That, if the said commissioners shall fail 
to have a draw fixed in said bridge, or to have it so altered as to per¬ 
mit vessels to pass with masts, by the time the said canal shall be ready 
to admit of the passage of steamboats, or vessels with masts, then, and 
in that case, it shall be the duty of the sheriff of each of the counties of 
Pasquotank and Camden, or either of them, and they, or either of them, 
are hereby required to summon a sufficient force, and without delay, to 
remove so much of said bridge as may obstruct the passage of any ves¬ 
sels tts aforesaid, whenever the president of the Dismal Swamp Canal 
Company shall require; and if the said sheriff's, or either of them, shall 
neglect or refuse to remove said bridge, as aforesaid, when required as 
aforesaid, they, or either of them, so neglecting or refusing, may be 
prosecuted by said president, iu his own name, for such neglect or re¬ 
fusal, in any court having competent jurisdiction, and, on conviction, 
shall be fined in a sum not exceeding fi ve hundred dollars, to the use of 
the State. 

4. And be it farther enacted , That if at any time hereafter the said 
draw shall not be kept in good and sufficient repair for the purposes 
aforesaid, it shall be the duty of the sheriff's of said counties, on com¬ 
plaint of the president of the Dismal Swamp Canal Company, to remove 
said bridge. 

5. And be it further enacted , That the governor of the State be re¬ 
quested to transmit a copy of this act to the president of the Dismal 
Swamp Canal Company, and a copy to each of the sheriff's of Pasquo¬ 
tank and Camden Counties, as soon as can be conveniently doue, after 
the ratification hereof. 

6. And be it further enacted , That this act shall be in force from and 
after the passage thereof. 

H. Ex. 10-6 


82 DISMAL SWAMP CANAL. 

Chap. II.—An act to exempt lock-keepers on the Dismal Swamp Canal from working 
on roads and militia service. [Passed January 8, 1839.] 

1. Be it enacted by the general assembly of the State of North Carolina , 
and it is hereby enacted by the authority of the same , That the lock-keepers 
the Dismal Swamp Canal shall be, and they are hereby, exempted from 
working on all public roads and from militia duty, except in time of in¬ 
surrection or invasion, any law to the contrary notwithstanding. 


Ciiap. III. — An act of the Congress of the United States for subscription to the Dis¬ 
mal Swamp Canal Company. [Approved May, 1826.] 

1. Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That the Secretary of the 
Treasury be, and he is hereby, authorized and directed to subscribe, in 
the name and for the use of the United States, for six hundred shares 
of the capital stock of the Dismal Swamp Canal Company, and to pay 
for the same at such times and in such proportions as may be required 
by the existing rules and regulations of the said company. 

2. And be it further enacted , That the Secretary of the Treasury shall 
vote for the president and directors of the said company, according to 
the said number of shares, and shall receive upon said stock the pro¬ 
portion of tolls and emoluments which shall, from time to time, become 
due to the United States, on the shares of stock aforesaid. 

3. And be it further enacted, That this act shall not go into effect 
until the United States Board of Engineers shall examine said canal, 
and make report in writing to the Secretary of War, that, in their opin¬ 
ion, the plan on which the said canal is to be executed will answer, as far 
as circumstances will permit, as a part of a chain of canals contemplated 
along the Atlantic coast; and that, in their opinion, the sum hereby 
authorized to be subscribed for will be, sufficient to finish the canal ac¬ 
cording to said plan : And be it further provided, That, to carry this act 
into effect, the sum of one hundred and fifty thousand dollars is hereby 
appropriated, to be paid out of any money in the Treasury not other¬ 
wise appropriated. 

4. And be it further enacted, That the money subscribed on behalf of 
the United States shall be actually expended in the completion of the 
canal, and not in the payment of any debt or debts now owing by the 
company; and it shall be the duty of the Secretary of the Treasury, 
before the payment of any part of the money subscribed for on behalf of 
the United States, to adopt such measures as shall insure the applica¬ 
tion of the same to the completion of the said canal, and to no other pur¬ 
pose whatsoever. 


Chap. IV.—An act of the Congress of the United Stages authorizing the subscription 
of stock in the Chesapeake and Delaware Canal Company, and in the Dismal Swamp 
Canal Company. [Approved 2d March, 1829.] 

1. Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That the Secretary of the Treas¬ 
ury be, and he is hereby, authorized and directed to subscribe, in the 
name and for the use of the United States, for seven hundred and fifty 
shares of the capital stock of the Chesapeake and Delaware Canal Com¬ 
pany, and also for two hundred shares of the capital stock in the Dismal 
Swamp Canal Company, and pay for the same at such times and in 




DISMAL SWAMP CANAI 


83 


such proportions as may be required by the said companies, respectively, 
to be paid out of any money in the Treasury not otherwise appropriated. 

2. And be it further enacted, That the Secretary of the Treasury shall 
vote for president and directors of the said companies, respectively, 
according to such number of shares, and shall receive upon the said 
stock the proportion of the tolls which shall, from time to time, be due 
to the United States for the shares subscribed. 


No. 1. 


Department of Justice, 

Office of the Solicitor of the Treasury, 

Washington , D. G.,July 10, 1877. 

Sir: I have the honor to transmit herewith a report made by Mr. 
Webster Elmes, chief clerk of this office, relative to the matter of the 
Dismal Swamp Canal Company of Virginia, and of the sale of the works 
under a trust-deed, as advertised for the 9th of August. 

Mr. Elmes was designated by my predecessor to examine into this 
matter, in accordance with authority given by your letter to this office 
of the Gtli ultimo. 

As the sale of these works, in which the United States has a large pecu¬ 
niary interest, is advertised for the 9th proximo, and as such sale, if made, 
will doubtless sacrifice the property of the company and entirely dis¬ 
possess the government of its interest therein, some speedy and definite 
action on the part of your department seems to be required. 

Verv respectfully, 

K. RAYNER, 
Solicitor of the Treasury . 

Hon. John Sherman, 

Secretary of the Treasury. 


No. 2. 

Office Dismal Swamp Canal Company, 

Norfolk, Va., June 29, 1877. 

Sir: I have the honor to transmit herewith the following statements 
relative to the Dismal Swamp Canal, viz: 

No. 1.—Extract from minutes of stockholders’ meeting authorizing 
company to borrow, for improvement of works, &c., $200,000. 

No. 2.—Extracts from minutes of stockholders’ meeting authorizing 
the execution of the trust. 

No. 3.—Stockholders’ meeting authorizing terms in explanatory deed. 

No. 4.—Receipts and disbursements of the company for years ending 
30th September, 1874, 1875, and 1870. 

Very respectfully, your obedient servant, 

W. B. ROGERS, 

President. 


Webster Elmes, Esq., 

Office of Solicitor of the Treasury , Washington, D. C. 



84 


DISMAL SWAMP CANAL. 


No. 3. 

Extract from minutes of stockholders’ meeting authorizing the company to 

borrow , for improvement of icorks and payment of debts , not exceeding 

$ 200 , 000 . 

At an annual meeting of the Dismal Swamp Canal Oorapauy, pursuant 
to notice, at the office of the company, on Monday, November 5, 1866, 
Tazewell Taylor was called to the chair, and G. W. Camp appointed 
secretary— 

Meeting being duly organized— 

####### 

On motion, it was 

Resolved , That the president and directors be, and are hereby, author¬ 
ized to borrow such amount of money as may be necessary for the im¬ 
provement of the works and payment of debts, not exceeding $200,000, 
and to issue bonds of the company bearing a rate of interest not exceed¬ 
ing 8 per cent, per annum; and to pledge the entire works of the com¬ 
pany for the payment of said bonds, and to memorialize the legislature 
for the necessary authority. 


No. 4. 

Extracts from minutes of stockholders ’ meeting authorizing the execution 

of the trust. 

Norfolk, Thursday , June 20, 1867. 

At a called meeting of the board of directors of the Dismal Swamp 
Canal Company, held this day, were present E. C. Robinson, president, 
and Messrs. Simmons, Whipple, Marrow, and Whitehead. 

* * * * # * * 

The president presented the deed of trust drawn up by the company’s 
attorney", to secure the holders of the company ’s 8 per cent, bonds; 
when, 

On motion, it was 

Ordered , That $200 be and is hereby appropriated to pay for the 
necessary stamps to said deed, which the treasurer will procure and pay 
for when required and attach to said deed when executed. 

The wording and design of the company’s 8 per cent, bonds, a proof- 
sheet of which was submitted by the president for the approval of the 
board, were examined and approved. 


No. 5. 

At a meeting of the president and directors of the Dismal Swamp 
Canal Company held at the office of the company in the city of Norfolk 
on the 16th day of February, 1869. 

Present: Thos. J. Corprew, president; D. D. Simmons, J. B. White- 
head, W. H. C. Ellis, B. P. Loyall, directors. 

On motion of John B. Whitehead, it was 

Resolved. That the president be directed to execute an explanatory 
deed to the deed of trust executed on the 1st July, 1867, which deed 
was read to the board. 

On motion, the meeting adjourned. 

THOS. J. CORPREW, President. 




DISMAL SWAMP CANAL. 


85 


No. G. 


Receipts and disbursements of the Dismal Swamp Canal Company for the 
years ending 30 th September , 1S74, 1875, and 1876. 


For year ending 30th September, 1874 : 

Receipts.. $19,962 54 

Disbursements (repairs and general expenses). 8,153 66 

For year ending 30th September, 1875: 

Receipts. 11,210 31 

Disbursements (repairs and general expenses). 8, 614 58 

For year ending 30th September, 1876: 

Receipts. 10,684 13 

Disbursements (repairs and general expenses). 6,145 28 


No. 7. 

Extract from the minutes of the stockholders’ meeting of the Dismal Swamp 
Canal Company held on the 5th day of November, 1866. 

At an annual meeting of the Dismal Swamp Canal Company, pursu¬ 
ant to notice, at the office of the company on Monday, November 5, 1866, 
Tazewell Taylor was called to the chair and G. W. Camp appointed 
secretary. 

On motion, Messrs..C. W. Newton and William Selden were appointed 
a committee to examine proxies nud report the number of shares present 
and represented. After examination the committee reported that there 
were present: 


The United States, by E. W. Whipple .. 800 168 

The State of Virginia and board of public works, by C. Burrass and W. 

C. Marrow..--. 760 168 

Sundry stockholders .. 163 123 


Total stock represented. 1,723 459 1 


The president, Mr. JVhittle, made his report showing the condition 
of the company, together with a statement of its finances, which was 
received and ordered to be filed, and on motion of Mr. Ellis the report 
with accompanying documents was referred to a committee of five stock¬ 
holders, who were directed to examine fully into the affairs of the com¬ 
pany and report as soon as possible to the board of directors to be elected. 

The chair appointed the following committee : Messrs. C. W. Newton, 
William Selden, W. W. Lamb, W. J. Hardy, and J. H. Johnston. Upon 
a motion the name of T. Taylor was substituted by the meeting for that 
of J. H. Johnston. 

The meeting proceeded to the election of the president for the ensuing 
twelve months; when Dr. E. C. Robinson was declared elected president. 

The election of four directors followed ; when Messrs. Marrow, Whip¬ 
ple, Whitehead, and Dickson were declared duly elected directors. 

On motion, it was 

* Resolved , That the president and directors be and are hereby author¬ 
ized to borrow such amount of money as may be necessary tor the im- 














86 


DISMAL SWAMP CANAL. 


provement of the works and payment of debts, not exceeding $200, 000; 
and to issue bonds of the company bearing a rate of interest not exceed¬ 
ing 8 per cent, per annum; and to pledge the entire works of the com¬ 
pany for the payment of said bonds, and to memorialize the legislature 
for the necessary authority. 

Office Dismal Swamp Canal Company, 

Norfolk , Va ., July 5,1875. 

I hereby certify the foregoing to be a correct extract from the min¬ 
utes of the stockholders’ meeting held on the 5th day of July, 1866, as 
appears from the records of this office. 

W. B. ROGERS, 

President Dismal Swamp Canal Company. 


No. 8. 

Office Dismal Swamp Canal Company, 

Norfolk , Va ., July 5, 1877. 

Sir : As requested in your letter of the 2d instant, I have the honor 
to transmit herewith extract from the minutes of the stockholder’s meet¬ 
ing of the Dismal Swamp Canal Company, held on the 5th day of No¬ 
vember, 1866; also copy of bondholders’ notice to trustees requiring a 
sale of the trust property. 

I am, very respectfully, your obedient servant, 

W. B. ROGERS, 

President Dismal Swamp Canal Company . 

Webster Elmes, Esq., 

Office Solicitor Treasury , Washington , D. C. 


No. 9. 

Office Dismal Swamp Canal Company, 

Norfolk , June 30, 1877. 

Sir : I have the honor to acknowledge the receipt of your communi¬ 
cation of the 29th instant, and in reply thereto I would say that I could 
only report a transcript of the books, as I received them from my prede¬ 
cessor, the former president, in 1871. 

A payment had been made by my predecessor, which reduced the 
claim to $888.90, as reported. (Edwards.) 

All of the judgments are subsequent to the mortgage. The bills pay¬ 
able reported by me of $21,811.77, as found by me on the books, included 
these judgments mentioned by you of $12,000, and $13,053.73, less $6,000 
(making $7,053.73). Some other claim, unknown to me, but appearing 
as bills payable, must be in existence to make the difference between 
the amounts. The judgments in favor of D. J. Turner were for work 
claimed to have been done prior to the war, were disputed by the com¬ 
pany. Suit was brought for I he same, and it was decided vs. the com¬ 
pany at last. This claim did not regularly appear on the books, as it 
was not audited and in dispute. 

The claims I know of amount to some $10,000. Of course, interest 



DISMAL SWAMP CANAL. 


87 

will materially increase the amount, but I am sure I could buy them all 
up for oO cents on the dollar, or less, with money to do so. 

As requested, I send memorandum of judgments. 

I am, very respectfully, your obedient servant, 

W. B. ROGERS, 

„ T President Dismal Swamp Canal Company. 

Webster Elmes, Esq., 

Office Solicitor of the Treasury , Washington , D. C. 


No. 10. 

Statement exhibiting judgments against the Dismal Swamp Canal Company. 

Jno. M. Goddin vs. Dismal Swamp Canal Company: $12,000, with in¬ 
terest from September 27,1863, and costs, $17.34. 

Jno. M. Goddin vs. Dismal Swamp Canal Company: $13,053.72, with in¬ 
terest from September 3, 1863, and $1.7.34 costs, subject to credit of 
$6,000 as of September 11, 1863. 

Danl. J. Turner vs. Dismal Swamp Canal Company: $2,889, with inter¬ 
est from July 25, 1868, and costs, $18.31. 

Danl. J. Turner vs. Dismal Sivamp Canal Company: $18,328.33, with 
interest on $15,154.76 from May 29, 1867, and costs, $45.62. 

Office Dismal Swamp Canal Companv, Norfolk, June 30, 1877. 

W. B. ROGERS, 

President Dismal Sicamp Canal Company. 


No. 11. 


Chap. I. — An act authorizing the Dismal Swamp Canal Company to issue 8 per cent, 
bonds. [Passed December 6, 1866.] 

1. Be it enacted by the general assembly, That it may and shall be lawful 
for the Dismal Swamp Canal Company to issue coupon bonds, bearing 
interest at the rate of 8 per centum per annum, the principal to be paid 
at such time and place as may be deemed by the company most ex¬ 
pedient, and the interest to be paid semi annually at such place as may 
be determined on for the payment of the principal of such bonds : Pro¬ 
vided , That the whole amount of bonds which shall be issued under 
this act shall not exceed the sum of two hundred thousand dollars. 

2. Be it further enacted , That the said company be, and they are 
hereby, authorized to sell and dispose of the bonds authorized by this 
act in such mode and on such terms as they may deem advisable, and 
to give such security for the punctual payment of the said bonds as they 
may deem expedient. 

3. This act shall be in force from and after the confirmation of the 
same by the legislature of North Carolina. 




88 


DISMAL SWAMP CANAL. 


No. 12. 

Office Dismal Swamp Canal Company, 

Norfolk , July 5, 1877. 

Sir : I annex statement of revenue of the Dismal Swamp Company, 
as follows: 

For a period of seven years prior to the war (1854 to 1860), average 
yearly, $36,436. 

Ten years subsequent, deducting three years the government held the 
work (1861 to 1870), average yearly, $10,i35. 

Seven years of my administration, 1871 to 1877, estimating the income 
for the next three months at $1,000 per month (fiscal year ends 30th 
September, 1877), average yearly, $15,392. 

An increase of 50 per cent, over the previous seven years, and the 
work in vastly improved condition for its capacity. 

Verv respectfully, your obedient servant, 

W. B. ROGERS, 

President Dismal Steam# Canal Company. 

Webster Elmes, Esq., 

Office Solicitor Treasury , Washington , D. C. 


No. 13. 

Baltimore, April 4,1877. 

Messrs. James Cormick, Cincinnatus W. Newton, and William 
H. C. Ellis, trustees under two deeds of the Dismal Swamp Canal 
Company, bearing date respectively 1st day of July, 1867, and 10th 
day of February, 1869: 

Gentlemen: We, the holders of the bonds of the Dismal Swamp 
Canal Company, as here below stated, the interest upon which has not 
been paid by said company, as covenanted and agreed in said deeds, do 
now by these presents request and require that you shall duly adver¬ 
tise and make sale of the franchises, property, &c., conveyed to you by 
said deed in accordance with the provisions therein contained. 


Names. Amount. 

Thomas C. Jenkins represents. $27, 000 

D. H. Gordon. 1, 000 

Stephen Bonsai. . 5, 000 

R. Manson Smith, trustee.... 3, 000 

Thomas Wilson. 15, 000 

Johns Hopkins University, Francis White, treasurer. 7, 000 

Joseph Merryfield, treasurer Johns Hopkins Hospital. 8, 000 

James Y. Leigh and Mrs. S. F. Pegram. 10, 000 

Richard Dickson. 3, 000 

William Selden. . 5, 000 

Burruss, Son & Co. 24,000 

John B. Whitehead. 2,000 

John B. Whitehead, president Franklin Savings’ Bank. 7, 000 

S. and E. W. Tazewell. ... 4, 000 

M. Z. Waller ... 1, 000 

W. Y. Taylor...... 4, 000 

John D. Gordon. . 4, 000 

C. B. Duffield, for Miss V. S. J. . l y 000 




















DISMAL SWAMP CANAL. 


89 ' 


Thomas Baltimore. $3, 000 

F. H. Baker. 2, 000 

F. H. Baker, for Misses A. Armstrong, R. Armstrong, and J. 0. 

Armstrong. 4, 000 

I hereby certify the within to be a true copy of the original. 

W. B. ROGERS, 

President Dismal Sicamp Canal Company. 


No. 14. 

Norfolk, Va., June 28, 1877. 

Webster Elmes, Esq., 

Office of the Solicitor of the Treasury , Washington , D. C.: 

Dear Sir : At a meeting of the bondholders of the Dismal Swamp 
Canal Company, held in Norfolk, Wednesday, June 20, the following 
resolution was unanimously adopted: 

Resolved , That the bondholders present respectfully request that the 
honorable Secretary of the Treasury make an immediate examination 
of the affairs of the Dismal Swamp Canal Company, and if, after such an 
examination, he will agree to recommend to Congress to appropriate a 
sufficient amount to put the canal in thorough order, or some other 
measure that will save the interest of the United States, amounting to 
nearly one million of dollars, that the trustees be authorized to post¬ 
pone the sale until such time as they may deem expedient. 

WILLIAM LAMB, 

Secretary. 

C. W. Newton, Esq., 

Chairman. 


No. 15. 

Norfolk, July 28, 1877. 

Sir : On the part of the trustees of the bondholders of the Dismal 
Swamp Canal Company, and in pursuance of your request to them un¬ 
der date of July 24, 1877, I have the honor to report that the large ma¬ 
jority of the bondholders assembled in meeting, on the 26th July ultimo, 
agreed to postpone the sale of the canal until the adjournment of the 
next regular session of Congress, and that the trustees have concurred 
in this action. 

Though this posponement necessarily entails inconvenience and ex¬ 
pense upon the parties interested, we cheerfully submit to it with the be¬ 
lief that a full examination of the merits of our application will be at¬ 
tended with the best results. 

Very respectfully, 

C. W. NEWTON, 

For Himself and other Trustees . 

Hon. Kenneth Rayner, 

Solicitor United States Treasury Department , Washington , D. C. 

H. Ex. 19-7 


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